507.080. Third-party notice--when defendant may bring in third party--notice to plaintiff--third party to file petition, when.
Third-party notice--when defendant may bring in third party--notice toplaintiff--third party to file petition, when.
507.080. 1. Before filing his answer, a defendant may moveex parte or, after the filing of his answer, on notice to theplaintiff, for leave as a third-party plaintiff to file apetition and serve a summons upon a person not a party to theaction who is or may be liable to him or to the plaintiff for allor part of the plaintiff's claim against him. If the motion isgranted and the petition is filed and summons served, the personso served, herein called the third-party defendant, shall makehis defenses, counterclaims and cross-claims against theplaintiff, or any other party as provided in this (civil) code.The third-party defendant may assert any defenses which thethird-party plaintiff has to the plaintiff's claim. Thethird-party defendant is bound by the adjudication of thethird-party plaintiff's liability to the plaintiff, as well as ofhis own to the plaintiff or to the third-party plaintiff. Theplaintiff may amend his pleadings to assert against thethird-party defendant any claim which the plaintiff might haveasserted against the third-party defendant had he been joinedoriginally as a defendant. A third-party defendant may proceedunder this section against any person not a party to the actionwho is or may be liable to him or to the third-party plaintifffor all or part of the claim made in the action against thethird-party defendant.
2. When a counterclaim is asserted against a plaintiff, hemay cause a third party to be brought in under circumstanceswhich under this section would entitle a defendant to do so.
(L. 1943 p. 353 § 20)