Southern Railway Co. v. Acme Fast Freight Inc.

Jenkins, Justice.

“Where a defendant may have a remedy over against another, and vouches him into court by giving notice of the pendency of the suit, the judgment rendered therein shall be conclusive upon the party vouched, as to the amount and right of the plaintiff to recover.” Code, § 38-624. To “authorize the voucher to give another (the vouchee) notice of the pendency of the suit and require him to come in and defend it, so that the judgment obtained therein will be conclusive upon the vouchee as to the amount, and the right of the original plaintiff to recover, [there] must be such a…