Harrell v. Davis

1. Where an action was brought against a person, alleging an indebtedness by him to the plaintiff, as the executor of the will of a named person, and also as trustee for the petitioner, the petition was demurrable. When, however, no demurrer was filed, it was too late when the case was in order for trial to have the same dismissed on motion because there was a misjoinder of parties and because defendant was not put upon notice in what capacity to defend. Bishop v. Woodward, 103 Ga. 281.

Argued May 13, Decided July 20, 1899. Complaint. Before Judge Spence. Pulaski superior court. August term,…