As used in this title, the term: “Action” means the judicial means of enforcing a right. “Civil action” means an action founded on private rights, arising either from contract or tort. “Penal action” means an action allowed in pursuance of public justice under particular laws. History. Orig. Code 1863, §§ 3175, 3177, 3178; Code 1868, […]
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, § […]
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. […]
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 […]
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 […]
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.
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. […]
No private right of action shall arise from any Act enacted after July 1, 2010, unless such right is expressly provided therein. Nothing in subsection (a) of this Code section shall be construed to prevent the breach of any duty imposed by law from being used as the basis for a cause of action under […]
