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2017 Georgia Code
Title 9 - Civil Practice
Chapter 2 - Actions Generally
Article 3 - Abatement
§ 9-2-44. Effect of former recovery; pendency of former action
Universal Citation:
GA Code § 9-2-44 (2017)
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- (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 former action shall not abate the latter.
- (b) Parol evidence shall be admissible to show that a matter apparently covered by the judgment was not passed upon by the court.
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