REGISTER v. STONE'S INDEPENDENT OIL

44908.

122 Ga. App. 335 (1970)

177 S.E.2d 92

REGISTER et al. v. STONE'S INDEPENDENT OIL DISTRIBUTORS et al.

Court of Appeals of Georgia.

Decided July 13, 1970.

Rehearing Denied July 30, 1970.


Attorney(s) appearing for the Case

Martin, Snow, Grant & Napier, George C. Grant, for appellants.

Adams, O'Neal, Steele, Thornton, Hemingway & McKenney, H. T. O'Neal, Jr., Harris, Russell & Watkins, Joseph H. Davis, for appellees.


EBERHARDT, Judge.

1. The issue is squarely raised as to whether the impleading of a third-party defendant under CPA § 14 (a) (Code Ann. § 81A-114 (a)) is an ancillary proceeding with its venue resting upon that of the main action, or whether it is separable and distinct from the cause of action between the plaintiff and the defendant in the main action and is essentially an independent "suit" or "case" so that it must satisfy within itself the venue...

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