§ 9-2-5. Plaintiff required to elect between actions; exceptions

Codes > Code of Georgia > Title 9. > Chapter 2. : Article 1. > 9-2-5. Plaintiff

§ 9-2-5. Plaintiff required to elect between actions; exceptions

(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.