Georgia Statutes
§ 9-2-5 — Prosecution of two simultaneous actions for same cause against same party prohibited; election; pendency of former action as defense; exception
Georgia § 9-2-5
JurisdictionGeorgia
Title9
This text of Georgia § 9-2-5 (Prosecution of two simultaneous actions for same cause against same party prohibited; election; pendency of former action as defense; exception) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
O.C.G.A. § 9-2-5 (2026).
Text
(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.
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Nearby Sections
15
§ 9-10-10
Cash bonds permitted; docketing§ 9-10-11
When appearance bond not forfeited by failure to attend; setting aside forfeiture of appearance bond§ 9-10-113
When verification sufficient§ 9-10-130
When affidavits amendable§ 9-10-131
Bonds in judicial proceedings amendable§ 9-10-132
Amendment of misnomers on motion§ 9-10-133
Mistake by clerk or ministerial officerCite This Page — Counsel Stack
Bluebook (online)
Georgia § 9-2-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/9-2-5.