ON MOTION FOR REHEARING.
Appellant points out the dilemma confronting the materialman who has not filed suit against the landowner (in rem) within the 12-month period because he has filed suit against the contractor but for apparent good reason has not been able to obtain a judgment. Yet under Atkinson v. Wingate Plumbing Co., 20 Ga.App. 480 (93 SE 122), and others, when the landowner and contractor live in different counties and cannot be joined as...
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