§ 9-2-44. Effect of Former Recovery; Pendency of Former Action
A former recovery or the pendency of a former action for the same cause of action between the same parties in the same or any other court having jurisdiction shall be a good cause of abatement. However, if the first action is so defective that no recovery can possibly be had, the pendency of a […]
§ 9-2-45. No Abatement for Pendency of Action in Another State
The pendency of a prior action in another state shall not abate an action between the same parties for the same cause in this state. History. Civil Code 1895, § 3738; Civil Code 1910, § 4332; Code 1933, § 3-602. History of Code section. This Code section is derived from the decision in Chattanooga, R. […]
§ 9-2-46. Institution of Action on Same Cause in Other State; Setting Case in This State; Postponement Limited
Whenever it is made to appear to the judge of any court that any party to a case pending in the court, after the case has been commenced, has instituted proceedings in any court of any other state involving the same controversy or cause of action, or in which the judgment which might be rendered […]
§ 9-2-47. Precedence of First Filed Informer’s Action; Abatement of Others
In the case of actions by informers to recover any fine, forfeiture, or penalty, the first filed in the clerk’s office shall have precedence for the same cause of action and the latter filed actions shall abate. History. Orig. Code 1863, § 2837; Code 1868, § 2845; Code 1873, § 2896; Code 1882, § 2896; […]
§ 9-2-60. Dismissal for Want of Prosecution; Costs; Recommencement Within Six Months
For the purposes of this Code section, an order of continuance will be deemed an order and the word “proceedings” shall be held to include, but shall not be limited to, an appeal from an award of assessors or a special master in a condemnation proceeding. Any action or other proceeding filed in any of […]
§ 9-2-61. Renewal of Case After Dismissal
When any case has been commenced in either a state or federal court within the applicable statute of limitations and the plaintiff discontinues or dismisses the same, it may be recommenced in a court of this state or in a federal court either within the original applicable period of limitations or within six months after […]
§ 9-2-62. Retraxit and Dismissal or Discontinuance Distinguished
A retraxit differs from a dismissal or discontinuance in that a retraxit is the open, public, and voluntary renunciation by the plaintiff in open court of his action or cause of action. It is positive and conclusive of the plaintiff’s right of action. Where a retraxit is entered by the plaintiff and a judgment is […]
§ 9-2-63. Affidavit of Indigence for Renewal of Action
When any action is dismissed or discontinued and the plaintiff desires to recommence his action, if he will make and file with his complaint, summons, or other proceedings an affidavit in writing stating that he is advised and believes that he has good cause for recommencing his action and that because of his indigence he […]
§ 9-2-30. Substitution of Plaintiff’s Spouse or Others in Action on Chose in Action Assigned as Year’s Support
When a party plaintiff dies during litigation concerning any chose in action and the chose in action is assigned to the surviving spouse, the surviving spouse and children, or the children only of the decedent as any part of a year’s support, the surviving spouse personally or for the use of the surviving spouse and […]
§ 9-2-40. No Abatement on Death of Party Where Cause Survives
No action shall abate by the death of either party, where the cause of action shall in any case survive to or against the legal representatives of the deceased party, either in the same or any other form of action. History. Laws 1799, Cobb’s 1851 Digest, p. 472; Code 1863, § 3371; Code 1868, § […]