CHAMPION v. WELLS

52263.

139 Ga. App. 759 (1976)

229 S.E.2d 479

CHAMPION et al. v. WELLS.

Court of Appeals of Georgia.

Decided September 9, 1976.

Rehearing Denied October 4, 1976.


Attorney(s) appearing for the Case

Murray & Temple, Edward J. Bauer, for appellants.

Dunaway, Haas & Broome, Henry R. Stringfellow, Al Bridges, Jones, Wilson & Tomlinson, Robert P. Wilson, for appellee.


QUILLIAN, Judge.

The defendant argues to this court that since the plaintiff is allowed to recommence his suit under the provisions of Code Ann. § 3-808 (Ga. L. 1967, pp. 226, 244) without being barred by the statute of limitation that he as defendant should be allowed to seek to recover damages by counterclaim, third-party complaint, and by cross claim.

It is true that old cases dealing with Code Ann. § 3-808 point out that where the plaintiff recommences...

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