Title 9

(a) 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 c…

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, §…

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 …

(a) No private right of action shall arise from any Act enacted after July 1, 2010, unless such right is expressly provided therein. (b) 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…

(a) An action for a tort shall, in general, be brought in the name of the person whose legal right has been affected. In the case of an injury to property, a tort action shall be brought in the name of the person who was legally interested in the property at the time the injury t…

In any action arising out of alleged deficiencies in the construction of improvements on real property, the party plaintiff may join in one action, as parties defendants, all parties who allegedly contributed in the construction of the improvements as well as all bonding companies…

A tenant in common may bring an action separately for his own interest, and the judgment in such case shall affect only himself. History. Orig. Code 1863, § 3183; Code 1868, § 3194; Code 1873, § 3259; Code 1882, § 3259; Civil Code 1895, § 4941; Civil Code 1910, § 5518; Code 1933,…

An action may be maintained by and in the name of any unincorporated organization or association. History. Ga. L. 1959, p. 44, § 1.

(a) Actions may be maintained against and in the name of any unincorporated organization or association for any cause of action for or upon which the plaintiff therein may maintain such an action against the members of the organization or association. (b) Service of process in th…

When two or more joint contractors, joint and several contractors, or copartners are defendants in the same action and service is perfected on one or more of the contractors or copartners and the officer serving the writ or process returns that the rest are not to be found, the p…

Where any person is in possession, in his own right or in any other capacity, of any note, bill, bond, or other obligation in writing, signed by two or more persons, and one or more of the persons whose names are so signed dies before the payment of the money or the compliance wi…

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, § …

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, § 337…

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 …

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; …

(a) 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 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 Section. This Code section is derived from the decision i…

(a) 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 whi…

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; …

(a) 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. (b) Any action or ot…

Boyd, 288 Ga. 53, 701 S.E.2d 165, 2010 Ga. LEXIS 772 (2010). Action on nonnegotiable instrument by different plaintiff. — When a new action on a nonnegotiable instrument is commenced by another and different plaintiff, pendency and dismissal of the former action will not avoid ba…

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 …

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 a…

v. QuikTrip Corp., 330 Ga. App. 138, 764 S.E.2d 595, 2014 Ga. App. LEXIS 820 (2014). Disputes concerning ownership of or right of access to land. — Because a club’s possession of certain real property did not eliminate the need for direction to resolve an on-going conflict over a …

Actions in personam; actions in rem. Remedy for every right. Pursuit of consistent or inconsistent remedies. Prosecution of two simultaneous actions for same cause against same party prohibited; election; pendency of former action as defense; exception. Demand prior to action not…

— This chapter was effective January 1, 1998, to the extent that no vested rights of title, year’s support, succession, or inheritance are impaired, as provided by the version of Code Section 53-1-1 enacted by Ga. L. 1996, p. 504, § 10, as amended by Ga. L. 1997, p. 1352, § 1. Ga…

Parties to actions for torts; notice to Department of Community Health for a party who has received medical assistance benefits. Joinder of defendants in action for deficiencies in construction. Separate action by tenant in common. Action by unincorporated association. Action again…