Funderburg v. Farr Furniture Co.

Russell, Judge.

Where a cause of action is set out against an individual defendant as to what is in fact a joint liability of that defendant and another, if the fact appears on the face of the petition the point may be made by special demurrer (Merritt v. Bagwell, 70 Ga. 578, 585); if it does not so appear, the defense that there is a lack of a necessary party must be raised by a plea in abatement filed at the first term. Bray v. Peace, 131 Ga. 637 (2, 3) (62 SE 1025); Van Harlengen v. Bearse, 26 Ga. App. 473 (1) (106 SE 306). See to the same effect Hirsch v. Oliver, 91 Ga. 554 (18 SE 354);…