McKibben v. Luther Williams Banking Co.

(After stating the foregoing facts.)

The plea to the jurisdiction was properly dismissed on demurrer. This ‘court has held that in a suit against joint and several obligors residing in different counties, where the court has jurisdiction of them both when the suit is filed, the mere fact that the resident defendant is subsequently discharged upon some *422matter in avoidance not existing at the commencement of the action will not prevent the court from proceeding to judgment against a nonresident defendant. Daniel v. Browder-Manget Co., 13 Ga. App. 392 (2) (79 S. E. 237). Under this ruling, the…