DocketNumber: 50832
Citation Numbers: 135 Ga. App. 665
Judges: Clark
Filed Date: 9/3/1975
Status: Precedential
Modified Date: 1/12/2023
Can a Georgia defendant sued in the county of his residence by a Georgia plaintiff maintain a third-party action in that county against a nonresident motorist? The answer is "Yes.”
Plaintiff, a resident of Polk
In Register v. Stone’s Independent Oil Distributors, Inc., 227 Ga. 123 (179 SE2d 68) our Supreme Court ruled that a third-party defendant suit is an independent action to the extent that a third-party defendant must be sued in the county of defendant’s residence. As the Alabama appellant has no Georgia residence, jurisdiction over her comes under the Non-Resident Motorists Act contained in the Annotated Code as Chapter 68-8. In designating venue for suits brought thereunder, this statute specifically includes ". . . the county of the residence of the plaintiff . . .” Code Ann. § 68-803. Defendant in the original action was sued in the county of its residence and is the third-party plaintiff in the independent action by suing the Alabama driver as third-party defendant. Therefore the trial judge correctly overruled appellant’s motion to dismiss for lack of jurisdiction and improper venue. Quod Erat Demonstrandum (Q. E. D.).
Judgment affirmed.
Named for James K. Polk (1795 — 1849) of Tennessee, eleventh U. S. President.
Official spelling is without an "e,” although named for George Whitefield (1714 — 1770), a famed preacher of