National Life Assurance Co. v. Massey-Ferguson Credit Corp.

Deen, Presiding Judge.

1. Dealing first with the motion to dismiss, our Civil Practice Act provides: "At any time after commencement of the action a defendant, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to him for all or part of the plaintiffs claim against him.” Code Ann. § 81A-114 (a). This third-party practice statute has been interpreted as requiring that the original defendant (third-party plaintiff) must show that in some fashion the third-party defendant is or may be secondarily liable to him…