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2025 Code of Georgia
Title 9 - Civil Practice (Chs. 1 — 17)
Chapter 2 - Actions Generally (Arts. 1 — 4)
Article 3 - Abatement (§§ 9-2-40 — 9-2-47)
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JUDICIAL DECISIONS
Abatement of action at common law is the entire overthrow or destruction of the action resulting from the fact that defendant pleads some matter that defeats the action, either for the time being or permanently; any further enforcement of the cause of action necessitates bringing a new action. Jones v. Doe, 143 Ga. App. 451, 238 S. E.2d 555, 1977 Ga. App. LEXIS 2360 (1977).
Research References & Practice Aids
Cross references.Effect of death or resignation of public officer when action brought against officer in official capacity, § 9-11-25.
Hierarchy Notes:O. C. G. A. Title 9
O. C. G. A. Title 9, Ch. 2
Universal Citation:
O.C.G.A. Title 9, Ch. 2, Art. 3
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- § 9-2-40. No abatement on death of party where cause survives
- § 9-2-41. Nonabatement of tort actions; survival of cause; no punitive damages against representative
- § 9-2-42. Death of one or more codefendants; suggestion of record
- § 9-2-43. No abatement where some defendants not liable
- § 9-2-44. Effect of former recovery; pendency of former action
- § 9-2-45. No abatement for pendency of action in another state
- § 9-2-46. Institution of action on same cause in other state; setting case in this state; postponement limited
- § 9-2-47. Precedence of first filed informer’s action; abatement of others
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