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STATE FARM &c. INS. CO. v. BROWN

42399, 42400.

114 Ga. App. 650 (1966)

152 S.E.2d 641

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. BROWN et al.; and vice versa.

Court of Appeals of Georgia.

Decided November 21, 1966.

Attorney(s) appearing for the Case

Frank M. Gleason, for appellant.

John E. Wiggins, John W. Love, Jr., for appellees.

EBERHARDT, Judge.

1. We are met at the outset with the contention that State Farm, in its designated capacity as "nominal defendant," was not authorized to file a demurrer to the petition for damages. As an abstract proposition we would think that a "nominal defendant" would have the right at least to challenge the authority of the plaintiff to so name it, whether the challenge came by way of demurrer or motion. The particular

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