Battle v. Warren County Fertilizer Co.

(After stating the foregoing facts.)

The Civil Code (1910), § 5630, provides that “In all cases *652demurrer, pleas, and answer shall be disposed of in the order named; and all demurrers and pleas shall be filed and determined at the first term, unless continued by the court, or by consent of parties.” In Neil v. Dow Law Bank, 138 Ga. 158 (74 S. E. 1027), this court held that “Where an equitable petition is defective because of a misjoinder of parties, the same is subject to a special demurrer filed at the first term; but the petition should not be dismissed on a motion in the nature of a general…