Jenkins v. Martin

Deen, Presiding Judge.

Code Ann. § 81A-113 (e) provides: "A claim which either matured or was acquired by the pleader after serving his pleading may, with the permission of the court, be presented as a counterclaim by supplemental pleading.” It is clear from the language of this statute that if such claims matured or were acquired after the pleading has been served, they are permissive rather than compulsory counterclaims. Code Ann. § 81A-113 (a) and (b). Such is the situation in the case at hand. The original complaint was on an account and the original counterclaim was for breach of…