Screven Oil Mill v. Hudmon

Hawkins, Justice.

1. The petition on its face discloses that the action was filed within less than twelve months from the qualification of the defendant administrators, and it was erroneous to overrule their demurrer pointing out that so much of the petition as sought to recover a debt alleged to be due by their intestate was premature. Code § 113-1526; Terry v. Fickett, 199 Ga. 30 (2) (33 S. E. 2d 163).

2. While, under Code (Ann.) § 2-4903, an equity case must be brought in the county where a defendant resides against whom substantial relief is prayed, and the mere fact that a defendant…