One Click Case Law for § 9-2-44
O.C.G.A. § 9-2-43 <-- --> O.C.G.A. §9-2-45

2010 Georgia Code

TITLE 9 - CIVIL PRACTICE

CHAPTER 2 - ACTIONS GENERALLY
ARTICLE 3 - ABATEMENT
§ 9-2-44 - Effect of former recovery; pendency of former action

O.C.G.A. 9-2-44 (2010)
9-2-44. Effect of former recovery; pendency of former action


(a) 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.

(b) Parol evidence shall be admissible to show that a matter apparently covered by the judgment was not passed upon by the court.