2021 Georgia Code
Title 9 - Civil Practice
Chapter 2 - Actions Generally
Article 3 - Abatement
§ 9-2-40. No Abatement on Death of Party Where Cause Survives
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.
(Laws 1799, Cobb's 1851 Digest, p. 472; Code 1863, § 3371; Code 1868, § 3390; Code 1873, § 3438; Code 1882, § 3438; Civil Code 1895, § 5035; Civil Code 1910, § 5617; Code 1933, § 3-501.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 1 Am. Jur. 2d, Abatement, Survival, and Revival, § 47 et seq.
1 Am. Jur. Pleading and Practice Forms, Abatement, Revival, and Stay, § 2.
C.J.S.- 1 C.J.S., Abatement and Revival, § 114 et seq.
ALR.
- Does right of grantor to maintain a suit in equity to set aside his conveyance for cause survive to his heir, 2 A.L.R. 431; 33 A.L.R. 51.
Survival of action or cause of action for wrongful death against representative of wrongdoer, 61 A.L.R. 830; 171 A.L.R. 1392.
Abatement of action which does not survive, by death of party pending appeal or writ of error, 62 A.L.R. 1048.
Survival of liability on joint obligation, 67 A.L.R. 608.
Survival against community of right of action for a tort of the deceased member of the community, 67 A.L.R. 1159.
Does a right of action on bond to recover for damages personal in their nature, and not affecting property rights, survive principal's death, 70 A.L.R. 122.
Survivability or assignability of action or cause of action in tort for damages for fraudulently procuring purchase or sale of property, 76 A.L.R. 403.
Survival of claim for usury against estate of usurer, 78 A.L.R. 451.
Survival upon death of wrongdoer of husband's or parent's action or right of action for consequential damages arising from injury to wife or minor child, 78 A.L.R. 593.
Survival of action or cause of action for personal injuries upon death of tort-feasor, 78 A.L.R. 600.
Relation between survivability of cause of action and abatability of pending action, 92 A.L.R. 956.
Death of tort-feasor before death of injured person as precluding action for death, 112 A.L.R. 343.
What actions or causes of action involve injury to the reputation within statutes relating to survival of causes of action or abatement of actions, 117 A.L.R. 574.
Revivor of suit for cancellation or suit for reinstatement of life insurance pending at death of insured, 125 A.L.R. 706.
Right of one to contest will as passing to his assignee, personal representative, heir or next of kin; revival of pending contest upon death of contestant, 129 A.L.R. 324.
Death of principal defendant as abating or dissolving garnishment or attachment, 131 A.L.R. 1146.
Abatement or survival, upon death of party, of action, or cause of action, based on libel or slander, 134 A.L.R. 717.
Effect of death of party to divorce or annulment suit before final decree, 158 A.L.R. 1205.
Conflict of laws as regards survival of cause of action and revival or pending action upon death of party, 42 A.L.R.2d 1170.
Capacity of local or foreign personal representative to maintain action for death under foreign statute providing for action by personal representative, 52 A.L.R.2d 1016.
Abatement or survival of action for attorney's malpractice or negligence upon death of either party, 65 A.L.R.2d 1211.
Illness or death of party, counsel, or witness as excuse for failure to timely prosecute action, 80 A.L.R.2d 1399.
Assignability and survivability of cause of action created by civil rights statute, 88 A.L.R.2d 1153.
For whose benefit a survival action under the Federal Employers' Liability Act, or the Jones Act, may be prosecuted, 94 A.L.R.2d 910.
Survival of action or cause of action under civil damage acts, 94 A.L.R.2d 1140.
Death of putative father as precluding action for determination of paternity or for child support, 58 A.L.R.3d 188.
Validity of exception for specific kind of tort action in survival statute, 77 A.L.R.3d 1349.
Modern status: inheritability or descendability of right to contest will, 11 A.L.R.4th 907.
Claim for punitive damages in tort action as surviving death of tortfeasor or person wronged, 30 A.L.R.4th 707.
Abatement of state criminal case by accused's death pending appeal of conviction - modern cases, 80 A.L.R.4th 189.
