Swint v. Fountain

Russell, Judge.

1. Where the liability arising under a contract is joint and several rather than joint, the plaintiff may sue one, some, or all of the defendant contracting parties as he may elect for the entire obligation. Savannah Bank &c. Co. v. Purvis, 6 Ga. App. 275 (4) (65 SE 35); Barnett v. Ferris, 39 Ga. App. 206 (1) (146 SE 345) and citations.

2. An allegation that the defendant along with seven other persons, all being the heirs at law of a deceased debtor of the plaintiff, obligated themselves for a stated consideration inuring to the benefit of each as such heir, “j ointly and…