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O.C.G.A. § 9-2-5

Prosecution of two simultaneous actions for same cause against same party prohibited; election; pendency of former action as defense; exception

Applied in 3 court decisions — leading case 715 So. 2d 207 - Ex Parte State Mutual Ins. Co. (1997)

Most recently applied in 164 So. 3d 1089 - API Holdings, LLC v. Frost Cummings Tidwell Group, LLC (September 2014)

for abatement of latter on same cause, Orig

How often courts cite this section

199720002010201410
citing decisions per year

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.

(a) No plaintiff may prosecute two actions in the courts at the same time for the same cause of action and against the same party. If two such actions are commenced simultaneously, the defendant may require the plaintiff to elect which he will prosecute. If two such actions are commenced at different times, the pendency of the former shall be a good defense to the latter.

(b) The rule requiring a plaintiff to elect shall not apply to a prior attachment against property where the defendant is subsequently served personally nor to an attachment obtained during the pendency of an action. However, the judgment in the case against the person shall set out the fact of its identity with the proceedings against the property.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.