Blankenship v. Smart

Townsend, Judge.

1. The Supreme Court has twice refused to decide the question of whether one vouched into court by the *667defendant to defend an action against him under the provisions of Code § 38-624 may in turn vouch in another against whom the vouchee in the first action may have a remedy over. Loeb v. May, 186 Ga. 742, 743 (198 S. E. 785); Southern Ry. Co. v. Acme Fast Freight, Inc., 193 Ga. 598, 600 (19 S. E. 2d 286, 140 A. L. R. 1118). This being so, the only ruling on this question is to be found in May v. Loeb, 57 Ga. App. 788 (196 S. E. 268) where it was held in a two-judge decision,…