Clay v. Smith

Candler, Justice.

Mrs. Alva Clay filed an equitable suit in the Superior Court of Bibb County against G. C. Smith, Zettler C. Clay, and Dan D. Dunwoody, the latter as Tax Commissioner for Bibb County. She prayed for substantial relief against each of the defendants. Dunwoody was not served, made no appearance, and consequently did not become a party to the cause. Clay was served, but filed no pleadings. Smith was served, and in due time filed a general demurrer attacking the sufficiency of the petition to state a cause of action for any of the relief sought. The demurrer was sustained, and the…