Legal Opinion
Champion v. Wells
Court of Appeals of Georgia
Decided September 9, 1976No. 52263PublishedCited by 12 opinions
1Opinion of the Court
Quillian, Judge.
The defendant argues to this court that since the plaintiff is allowed to recommence his suit under the provisions of Code Ann. § 3-808 (Ga. L. 1967, pp. 226,244) without being barred by the statute of limitation that he as defendant should be allowed to seek to recover damages by counterclaim, third-party complaint, and by cross claim.
It is true that old cases dealing with Code Ann. § 3-808 point out that where the plaintiff recommences his suit, then the defendant is entitled to assert new defenses. Robinson v. Attapulgus Clay Co., 55 Ga. App. 141, 142 (189 SE 555). See also…
2Cases cited5 opinions
- McMichael v. Georgia Power Co.Court of Appeals of Georgia · 1974
- Morrow v. HansonSupreme Court of Georgia · 1851
- Southern Railway Co. v. A. O. Smith Corp.Court of Appeals of Georgia · 1975
- Robinson v. Attapulgus Clay Co.Court of Appeals of Georgia · 1937
- Gunnells v. Seaboard Airline RailroadCourt of Appeals of Georgia · 1974
3Cited by12 opinions
- Paula I. WHATLEY, Plaintiff-Appellant, v. DEPARTMENT OF EDUCATION, Et Al., Defendants-AppelleesCourt of Appeals for the Fifth Circuit · 1982
- Krasaeath v. ParkerCourt of Appeals of Georgia · 1994
- Tolar Construction Co. v. GAF Corp.Court of Appeals of Georgia · 1980
- Union Carbide Corp. v. Thiokol Corp.District Court, S.D. Georgia · 1994
- Waddey v. DavisCourt of Appeals of Georgia · 1979
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