Noncompliance with section subject to motion to dismiss.

- The point that O.C.G.A. § 44-11-4 has not been complied with may be raised by demurrer (now motion to dismiss) if the fact appears on the face of the proceedings. Lewis v. Adams, 61 Ga. 559 (1878).

Nonsuit.

- A defendant may move for nonsuit if O.C.G.A. § 44-11-4 has not been complied with, and such irregularity first appears from the evidence. Doe v. Roe, 26 Ga. 238 (1858); Ivey v. Cowart, 124 Ga. 159, 52 S.E. 436, 110 Am. St. R. 160 (1905); Bradley v. Chattanooga Iron & Coal Co., 144 Ga. 478, 87 S.E. 465 (1915).

Plaintiff may merely drop suit against improper parties.

- In the event defendant moves for a nonsuit, the plaintiff may dismiss the suit as regards the improper parties. Doe v. Roe, 26 Ga. 238 (1858); Ivey v. Cowart, 124 Ga. 159, 52 S.E. 436, 110 Am. St. R. 160 (1905); Bradley v. Chattanooga Iron & Coal Co., 144 Ga. 478, 87 S.E. 465 (1915).

Equity may grant relief where the interests of the parties are complicated. Smith v. King, 50 Ga. 192 (1873).

C.J.S.

- 28A C.J.S., Ejectment, § 1 et seq.

ALR.

- Avoidance of multiplicity of suits as ground for jurisdiction in equity of a suit by one out of possession to quiet title against persons in possession of different portions of the land in severalty, 30 A.L.R. 109.