Steerman v. Smith

Felton, Chief Judge.

Code § 81-1305 provides: “In all suits by or against partners, or where any two or more persons shall sue or be sued in the same action, and the name of any person who ought to be joined in such action as plaintiff or defendant shall be omitted, the omission may, on motion, be supplied by adding the proper party instanter.” This section does not mean that one defendant can make a defendant another party, who is liable over to him. The facts in the case of Frost v. Smith, 148 Ga. 840 (98 S. E. 471) relied on by the plaintiff, are not comparable to the facts of the present…