Stanley v. Greenfield

Head, Justice.

It is urged by the defendants in error in the motion to dismiss, and briefs in support thereof, that all counts of the petition sought to allege a joint cause of action, and that, since the case is still pending in the court below as to the executors on one count of the petition, the judgment is not final, and the writ of error should be dismissed. Counsel for the plaintiffs in error in effect concede that the petition is based on a joint cause of action, but insist that the rule stated in Johnson v. Motor Contract Co., 186 Ga. 466 (198 S. E. 59), should not be applied. In Moore…