SMITH v. WILLOUGHBY

17114.

207 Ga. 91 (1950)

60 S.E.2d 155

SMITH et al. v. WILLOUGHBY et al.

Supreme Court of Georgia.

June 15, 1950.


Attorney(s) appearing for the Case

George W. Westmoreland, Dorsey Davis and Fred A. Gillen, for plaintiffs in error.

R. M. Nicholson, contra.


ALMAND, Justice.

1. The amendment to the motion for a new trial contains two grounds. Ground 1 assigns error on the court's refusal to grant what is described in this ground as a "motion to dismiss said action on the ground that no equitable jurisdiction had been shown." Ground 2 complains that the court erred in refusing a motion by defendants' counsel to strike Earl Rogers as a party defendant.

As to ground 1, the overruling of the motion to dismiss was...

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