Go to previous versions
of
this Section
2022 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 (2022)
- 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.
- Parol evidence shall be admissible to show that a matter apparently covered by the judgment was not passed upon by the court.
History. Orig. Code 1863, §§ 2838, 2839, 3407; Code 1868, §§ 2846, 2847, 3426; Code 1873, §§ 2897, 2898, 3476; Code 1882, §§ 2897, 2898, 3476; Civil Code 1895, §§ 3741, 3743, 3476; Civil Code 1910, §§ 4335, 4337, 5678; Code 1933, §§ 3-607, 3-608; Ga. L. 1982, p. 3, § 9.
Cross references.
Pendency of former action defense to latter on same cause, § 9-2-5 .
Law reviews.
For note, “Res Judicata in the Georgia Courts,” see 11 Ga. L. Rev. 929 (1977).
For survey article on domestic relations, see 34 Mercer L. Rev. 113 (1982).
For article, “Defending the Lawsuit: A First-Round Checklist,” see 22 Ga. St. B.J. 24 (1985).
Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
