Opinion
21308.
ARGUED JULY 10, 1961.
DECIDED SEPTEMBER 8, 1961.
Cancellation, etc. Wilkes Superior Court. Before Judge Norman.
Walton Hardin, for plaintiffs in error.
Colley Orr, Wilbur A. Orr, Jr., Rupert A. Brown, contra.
Under the facts of this case, the discharge of the resident defendant did not divest the court of jurisdiction of the two nonresident defendants, since the nonresident defendants waived the right to object to venue when, after the discharge of the resident defendant, they filed an additional pleading to the merits. Hudgins Contracting Co. v. Redmond, 178 Ga. 317 ( 173 S.E. 135); Burger v. Noble, 81 Ga. App. 759 ( 59 S.E.2d 761); 92 C.J.S. 820-822, § 124; 56 Am Jur. 44, § 40. Therefore the trial court properly overruled the nonresident defendants' later motion to strike, in the nature of a general demurrer, raising the question of jurisdiction.
Judgment affirmed. All the Justices concur.