No plaintiff is entitled to prosecute two actions in the courts of this state at the same time for the same cause and against the same party. In such a case, the defendant may require the plaintiff to elect which he will prosecute, if commenced simultaneously, and the pendency of the former is a good defense to the latter if commenced at different times.
Ala. Code § 6-5-440
Simultaneous Actions for Same Cause Against Same Party Prohibited.
Applied in 12 court decisions — leading case 471 F. Supp. 999 - Simmons v. Pulmosan Safety Equipment Corp. (1979)
Most recently applied in Solar Reflections, LLC v. Solar Reflections Glass Tinting, LLC (June 2017)
(Code 1907, §2451; Code 1923, §5657; Code 1940, T. 7, §146.)
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.