Simodejka v. Williams

Opinion by

Mr. Justice Linn,

This appeal depends on the construction of Rule 2255 of our Rules of Civil Procedure. It provides, “(a) The procedure, including pleadings, between the party adjoining an additional defendant and the additional defendant shall be the same as though the party joining the additional defendant were a plaintiff and the additional defendant were a defendant.”

One of the purposes of third party procedure is to avoid multiplicity of suits by adjudicating in one suit the rights and liabilities of all the parties to a single transaction which constitutes the cause of action.…