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the Georgia Code
2006 Georgia Code - 9-2-5
9-2-5. (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 commenced at
different times, the pendency of the former shall be a good defense
to the latter. (b) The rule
requiring a plaintiff to elect shall not apply to a prior
attachment against property where the defendant is subsequently
served personally nor to an attachment obtained during the pendency
of an action. However, the judgment in the case against the person
shall set out the fact of its identity with the proceedings against
the property.
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