Opinion
19132.
ARGUED OCTOBER 11, 1955.
DECIDED NOVEMBER 14, 1955.
Injunction. Before Judge Pharr. Fulton Superior Court. July 26, 1955.
Carter, Latimer Savell, for plaintiff in error.
Candler, Cox, McClain Andrews, Wright Gellerstedt, contra.
A court of law can not make new parties to a cause. It was, therefore, not error to grant the injunction in this case.
ARGUED OCTOBER 11, 1955 — DECIDED NOVEMBER 14, 1955.
Ivan Miles filed suit in the City Court of Decatur in DeKalb County against Eugene Wilson, seeking to recover damages on account of an automobile collision. Thereafter, Eugene Wilson filed suit for damages against Ivan Miles in Fulton County Superior Court, seeking damages growing out of the same automobile accident or collision, contending that both defendants, who were father and son, were liable to him under the family-car doctrine. Thereafter, Eugene Wilson amended his petition in Fulton Superior Court, alleging that the suit was pending in the City Court of Decatur, that John Miles was not a party to that suit, and could not be made a party in a court of law, and prayed that the suit in the City Court of Decatur be enjoined.
Upon the hearing for a temporary injunction, the case was submitted to the trial court, by agreement, on the pleadings. The temporary injunction was granted. The exception here is to that judgment.
The act of the General Assembly creating the City Court of Decatur provides that, as to the classes of cases over which the court was to have jurisdiction, the court was to have jurisdiction which should be, "concurrent with the superior court of said county, except such civil courses [sic] of action and such criminal cases, the jurisdiction of which is exclusively conferred by the Constitution and laws of this State upon the superior court." Ga. L. 1922, p. 248. The Constitution of this State confers exclusive jurisdiction in equity cases upon the superior courts. See Code (Ann.) § 2-3901.
This court in Radcliffe Lamb v. Varner Ellington, 56 Ga. 222, 224, said: "Now could May have been made a party at common law? We know of no process by which he could. Provision is made in equity for such cases, but none that we are aware of at law." Again in Waters v. Perkins, 65 Ga. 32, this court said: ". . . a court of law cannot make new parties to a cause". See also Brown v. Boynton, 69 Ga. 754. "Where a plaintiff, a non-resident of this State, sues a resident defendant in a court of law which has no power to make new parties to the action, a court of equity, on a proper case made, will enjoin the proceedings at law so that full relief may be afforded the defendant in the action at law." Commercial Credit Corp. v. Davis, 207 Ga. 562 ( 63 S.E.2d 353).
Since, under the allegations of the petition under review, John Miles is a necessary party in order to try and dispose of all the issues between the parties, and since he is not a party to the suit at law pending in the City Court of Decatur, and since a court of law is without authority to make him a party, it was not error to grant the temporary injunction in this case.
Judgment affirmed. All the Justices concur.