Darnell v. Toney

1. No question as to the applicability of the statute of limitations or as to misjoinder'of parties or causes of action can be raised by a general demurrer to the petition; but each of such matters, if relied on, must be made the subject of special demurrer or special plea, according to whether the facts justifying such objection appear upon the face of the petition or depend upon extraneous proof. See, as to the statute of limitations, Small v. Cohen, 102 Ga. 248 (3) (29 S. E. 430);

*711Smith v. Central of Georgia Ry. Co., 146 Ga. 59 (90 S.E. 474); and as to misjoinder, Georgia R. &c. Co. v.…