Atlanta Terminal Co. v. Alexander

1. Where a suit is against two or more parties and a demurrer is interposed upon the ground of a misjoinder of parties defendant, the plaintiff, upon being required to elect as to which of the defendants he will proceed against, can not make such election and at the same time except to the ruling requiring him so to do. Lavenden v. Haseman, 157 Ga. 275, 278 (121 S. E. 646); Smith v. Bugg, 35 Ga. App. 317 (133 S. E. 49). On the other hand, a mere ineffectual effort on the part of the plaintiff to reserve by his amendment the right to except to the ruling requiring the election can not be said…