§ 9-2-43. No Abatement Where Some Defendants Not Liable
An action against several persons shall not abate where it appears that some of the defendants are not liable but may proceed against those who are liable. History. Orig. Code 1863, § 3375; Code 1868, § 3394; Code 1873, § 3442; Code 1882, § 3442; Civil Code 1895, § 5039; Civil Code 1910, § 5621; […]
§ 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; […]
§ 9-2-40. 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, § […]
§ 9-2-41. Nonabatement of Tort Actions; Survival of Cause; No Punitive Damages Against Representative
No action for a tort shall abate by the death of either party, where the wrongdoer received any benefit from the tort complained of; nor shall any action or cause of action for the recovery of damages for homicide, injury to the person, or injury to property abate by the death of either party. The […]
§ 9-2-42. Death of One or More Codefendants; Suggestion of Record
In all actions against two or more defendants, one or more of whom have died or may die pending the action, the plaintiff may suggest the death of record and proceed against the surviving defendants to the extent of their respective liabilities. History. Ga. L. 1859, p. 49, § 1; Code 1863, § 3377; Code […]