McNeal v. McNeal

While I concurred in Davis v. Davis, 230 Ga. 33 (195 SE2d 440), it is now my opinion that the holding therein is wrong and that the case should be overruled. No authority was cited for the holding in that case and in my opinion this court construed too narrowly the provisions of the Civil Practice Act respecting counterclaims and cross complaints. The result is an absurdity which prevents a court having jurisdiction of the parties and the subject matter from adjudicating all issues between the parties.

Code Ann. § 81A-113 provides that "A pleading shall state as a counterclaim any claim which…