Where a defendant may have a remedy over against another person and vouches him into court by giving notice of the pendency of the action, the judgment rendered therein shall be conclusive upon the person vouched, as to the amount and right of the plaintiff to recover.
History. Civil Code 1895, § 5234; Civil Code 1910, § 5821; Code 1933, § 38-624.
History of Code section.
This Code section is derived from the decisions in Western & A.R.R. v. City of Atlanta, 74 Ga. 774 (1885), and Faith v. City of Atlanta, 78 Ga. 779 , 4 S.E. 3 (1887).
Law reviews.
For article comparing the Federal Rules of Civil Procedure to Georgia trial practice procedures prior to the adoption of the Georgia Civil Practice Act (Ch. 11 of this title), see 1 Ga. St. B.J. 315 (1965).
For article comparing sections of the Georgia Civil Practice Act (Ch. 11 of this title) with preexisting provisions of the Georgia Code, see 3 Ga. St. B.J. 295 (1967).
For article discussing aspects of third party practice (impleader) under the Georgia Civil Practice Act (Ch. 11 of this title), see 4 Ga. St. B.J. 355 (1968).
Structure Georgia Code
Chapter 10 - Civil Practice and Procedure Generally
Article 1 - General Provisions
§ 9-10-1. Preference Given to Cases in Which State Is Plaintiff
§ 9-10-2. Actions Against State Void Absent Notice or Waiver
§ 9-10-3. Closed Trials Authorized in Certain Cases
§ 9-10-4. Trial of Collateral Issues
§ 9-10-5. Charges to Be Written Out on Request; Exception; Filing of Written Charges; Copies
§ 9-10-6. Juror’s Private Knowledge
§ 9-10-7. Expression by Judge of Opinion in Case Reversible Error
§ 9-10-10. Cash Bonds Permitted; Docketing
§ 9-10-13. Effect of Judgment on Party Vouched Into Court
§ 9-10-14. Promulgation of Form for Use by Inmates in Actions Against Government