Bragassa v. Bragassa

Grice, Justice.

It was erroneous to allow a stranger to the proceedings to intervene. Mandamus is a common-law writ. Board of Education of Madison County v. Fowler, 192 Ga. 35 (14 S. E. 2d, 478), and cases there cited.. The Code, § 81-1303, forbids the adding of a new party, unless expressly provided by law. An express provision that new parties may be made in equity eases appears in § 37-1005. Bower v. Thomas, 69 Ga. 47, recognizes that generally new parties may not be added by amendment to a common-law action. A habeas-corpus case is not one of the exceptions.

A fair construction of the…