Bill Heard Chevrolet Co. v. General Motors Acceptance Corp.

Deen, Judge.

Code Ann. § 81A-114, which is in the language of Rule 14, Federal Rules of Civil Procedure, gives the defendant in an action the option to bring into the case “a person not a party to the action who is or may be liable to him for all or part of the plaintiff’s claim against him.” Following Federal precedent, we have held that for such a procedure to be maintained it must appear that the proposed third-party defendant is or may be secondarily liable to the original defendant, and a right over against him must be established, either by indemnity, subrogation, contribution or…