Hyde v. Fornara

(After stating the foregoing facts.) It appears from the pleadings and the evidence that the dispossessory warrant was issued against J. C. Hyde and Mrs. J. C. Hyde, and that J. C. Hyde died before a trial on the issues formed by the dispossessory warrant and the counter-affidavit of Mrs. Hyde. While an entry should have been made by the plaintiff to show the death of J. C. Hyde (Tedlie v. Dill, 3 Ga. 104, 105), there is no exception to his failure to do so, and the ease will be considered as if such entry had been made. “In all actions against two or more defendants, one or more of whom have…