§ 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 […]
§ 9-2-2. Actions in Personam; Actions in Rem
An action may be against the person, or against property, or both. Generally, a proceeding against the person shall bind the property also. A proceeding against property without service on the person shall bind only the particular property. History. Orig. Code 1863, § 3176; Code 1868, § 3187; Code 1873, § 3252; Code 1882, § […]
§ 9-2-29. Plaintiff in Penal Action
If no special officer is authorized to be the plaintiff in a penal action, the state, the Governor, the Attorney General, or a prosecuting attorney may be the plaintiff. History. Orig. Code 1863, § 3178; Code 1868, § 3189; Code 1873, § 3254; Code 1882, § 3254; Civil Code 1895, § 4933; Civil Code 1910, […]
§ 9-2-3. Remedy for Every Right
For every right there shall be a remedy; every court having jurisdiction of the one may, if necessary, frame the other. History. Orig. Code 1863, § 3174; Code 1868, § 3185; Code 1873, § 3250; Code 1882, § 3250; Civil Code 1895, § 4929; Civil Code 1910, § 5506; Code 1933, § 3-105. Law reviews. […]
§ 9-2-4. Pursuit of Consistent or Inconsistent Remedies
A plaintiff may pursue any number of consistent or inconsistent remedies against the same person or different persons until he shall obtain a satisfaction from some of them. History. Civil Code 1895, § 4945; Civil Code 1910, § 5522; Code 1933, § 3-114; Ga. L. 1967, p. 226, § 45. History of Code section. This […]
§ 9-2-5. Prosecution of Two Simultaneous Actions for Same Cause Against Same Party Prohibited; Election; Pendency of Former Action as Defense; Exception
No plaintiff may prosecute two actions in the courts at the same time for the same cause of action and against the same party. If two such actions are commenced simultaneously, the defendant may require the plaintiff to elect which he will prosecute. If two such actions are commenced at different times, the pendency of […]
§ 9-2-6. Demand Prior to Action Not Necessary
No demand shall be necessary before the commencement of an action, except in such cases as the law or the contract prescribes. History. Orig. Code 1863, § 3179; Code 1868, § 3190; Code 1873, § 3255; Code 1882, § 3255; Civil Code 1895, § 4935; Civil Code 1910, § 5512; Code 1933, § 3-106.
§ 9-2-7. Implied Promise to Pay for Services or Property
Ordinarily, when one renders service or transfers property which is valuable to another, which the latter accepts, a promise is implied to pay the reasonable value thereof. However, this presumption does not usually arise in cases between very near relatives. History. Civil Code 1895, § 4936; Civil Code 1910, § 5513; Code 1933, § 3-107. […]