This case is controlled by the principle announced in Clayton v. Stetson, 101 Ga. 634; and it follows that the court did not err in sustaining the demurrer to the petition, the same being based on the ground that the court was without jurisdiction, because the petition alleged that the sole defendant was a non-resident of the county in which the action was brought. Judgment affirmed.
All the Justices'concurring.