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GEORGIA STATUTES AND CODES
§ 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.
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.
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