Stevens v. Linton

The sole question for our determination in this cause is whether or not the original defendant and cross plaintiff in an automobile damage suit can make a third party a defendant by his cross action when said third party is not a suing plaintiff, by counterpart summons.

Stevens, a resident of Williamson County, Tennessee, filed Iris suit in the Circuit Court of Marshall County, Tennessee, against Sam Linton, Administrator etc., for damages growing out of an automobile accident. Linton in turn filed a plea of the general issue and a counter declaration against the original plaintiff, W. D.…