Chapman v. Pan-American Oil Co.

1. Where a suit is instituted against two joint defendants, and a general and special demurrer of one of them is sustained, and the plaintiff proceeds to trial against the other defendant alone, he must be held to have acquiesced in the adverse ruling on demurrer, by electing to proceed against the remaining defendant, and to have abandoned the joint action; and he can not, after thus electing to proceed against the remaining defendant, complain of the judgment on demurrer dismissing the action as to the defendant interposing the demurrer. Ellis v. Almand, 115 Ga. 333 (41 S. E. 642); Poole v.…