Carter v. LaMance

(After stating the foregoing facts.)

The petition, in so far as it relates to the city, shows that there is a misjoinder of parties as well as a misjoinder of causes of action, and that the case clearly falls under section 5515 of the Civil Code (1910). Citing several cases to support the proposi*697tion, Justice Atkinson, in Ansley v. Davis, 140 Ga. 615 (79 S. E. 454), said: “The case clearly falls within the principle of the Civil Code, § 5515, which prevents the joining in one action of distinct and separate claims against different persons.” No breach of a common duty on the part of both…