STEERMAN v. SMITH

38569.

102 Ga. App. 809 (1960)

118 S.E.2d 220

STEERMAN v. SMITH et al.

Court of Appeals of Georgia.

Decided December 5, 1960.


Attorney(s) appearing for the Case

Preston L. Holland, for plaintiff in error.

Smith, Kilpatrick, Cody, Rogers & McClatchey, Scott Walters, Jr., Harry J. Mehre, Jr., Wm. W. Cowan, contra.


FELTON, Chief Judge.

Code § 81-1305 provides: "In all suits by or against partners, or where any two or more persons shall sue or be sued in the same action, and the name of any person who ought to be joined in such action as plaintiff or defendant shall be omitted, the omission may, on motion, be supplied by adding the proper party instanter." This section does not mean that one defendant can make a defendant another party, who is liable over to him....

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