Brittany Apartments v. Chapman

Smith, Judge.

Section 13 (a) of the Civil Practice Act (Code Ann. § 81A-113 (a)) reads: "A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject-matter of the opposing party’s claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction.” Under this section, if the counterclaim arises out of the transaction or occurrence that is the subject matter of a suit against a party, the party…