Payne v. Hightower

Jenkins, Presiding Justice.

While a written motion to dismiss an equitable petition will not be granted unless every material fact on which the motion is founded is apparent in the petition (Bower v. Douglass, 25 Ga. 714), yet there is no deviation from this rule in dismissing a petition on written motion specif ically raising the question of lack of jurisdiction, where it appears that the only defendant against whom substantial relief is prayed is a resident of a county other than that in which the petition is brought. Code, § 2-4303; Middlebrooks v. Barron, 150 Ga. 701 (2) (105 S. E. 298);…