Great American Indemnity Co. v. Durham

A misjoinder of parties is a defect which should be taken advantage of by special demurrer filed at the first term. Burkhalter v. Peoples Bank, 175 Ga. 744 (3) (165 S. E. 749); Ga. R. Co. v. Tice, 124 Ga. 459, 462 (52 S. E. 916, 4 Ann. Cas. 200); Willingham v. Glover, 28 Ga. App. 394 (111 S. E. 206), and cit. There being no demurrer to the instant petition, which was brought to recover automobile damages jointly against an individual motor carrier and the insurer, on an insurance policy given under the provisions of section 7 of the motor common-carrier act of 1931 (Ga. L. 1931, pp. 199, 203;…