GA Code § 9-2-5 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 2 - Actions Generally|Article 1 - General Provisions|§ 9-2-5. Prosecution of Two Simultaneous Actions for Same Cause Against Same Party Prohibited; Election; Pendency of Former Action as Defense; Exception

  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.   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.    (Orig. Code 1863, §§ 2835, 2836; Code 1868, §§ 2843, 2844; Code 1873, §§ 2894, 2895; Code 1882, §§ 2894, 2895; Civil Code 1895, §§ 3737, 3739; Civil Code 1910, §§ 4331, 4333; Code 1933, §§ 3-601, 3-605; Ga. L. 1982, p. 3, § 9.)   Cross references.   - Pendency of former action good cause for abatement of latter on same cause, § 9-2-44.   Law reviews.   - For survey article on trial practice and procedure, see 34 Mercer L. Rev. 299 (1982). For article, "Defending the Lawsuit: A First-Round Checklist," see 22 Ga. St. B.J. 24 (1985).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Pendency of Former Action   Attachments    RESEARCH REFERENCES   Am. Jur. 2d.   - 1 Am. Jur. 2d, Abatement, Survival, and Revival, § 6 et seq. 1 Am. Jur. 2d, Actions, § 32.   9 Am. Jur. Pleading and Practice Forms, Election of Remedies, § 1.   17 Am. Jur. Pleading and Practice Forms, Lis Pendens, § 3.   C.J.S.   - 1 C.J.S., Abatement and Revival, § 17 et seq. 1A C.J.S., Actions, § 20.   ALR.    - Lis pendens: protection during time allowed for appeal, writ of error, or motion for new trial, 10 A.L.R. 415.    Plea of pendency of former action as affecting right of pleader to avail himself of objections to the former action, 32 A.L.R. 1339.    Action or suit as abating mandamus proceeding or vice versa, 37 A.L.R. 1432.    Abatement by pendency of another action as affected by addition or omission of parties defendant in second suit, 44 A.L.R. 806.    Rule against splitting cause of action as applicable to acceptance of payment of less than all claims or items of claims, 87 A.L.R. 781.    Election of remedies by owner against public authority or corporation having power of eminent domain which unauthorizedly enters land without instituting valid eminent domain proceedings, 101 A.L.R. 373.    Doctrine of election of remedies as applicable where remedies are pursued against different persons, 116 A.L.R. 601.    Pendency of suit for cancellation, reformation, or rescission of a contract as abating subsequent action to enforce it or to recover damages for its breach, and vice versa, 118 A.L.R. 1240.    Stage of action at which effective notice of lis pendens may be filed, 130 A.L.R. 943.    Right of employee of public contractor to maintain action against latter based upon statutory obligation as to rate of wages or upon provisions in that regard in the contract between contractor and the public, 144 A.L.R. 1035.    Bank depositor's act in seeking restitution from third person to whom, or for benefit of whom, the bank has paid out the deposit, as election of remedy precluding action against bank, 144 A.L.R. 1440.   Conclusive election of remedies as predicated on commencement of action, or its prosecution short of judgment on the merits, 6 A.L.R.2d 10.   Duration of operation of lis pendens as dependent upon diligent prosecution of suit, 8 A.L.R.2d 986.   Pendency of prior action for absolute or limited divorce between same spouses in same jurisdiction as precluding subsequent action of like nature, 31 A.L.R.2d 442.   Abatement on ground of prior pending action in same jurisdiction as affected by loss by plaintiff in second action of advantage gained therein by attachment, garnishment, or like process, 40 A.L.R.2d 1111.   Right to secure new or successive notice of lis pendens in same or new action after loss or cancellation of original notice, 52 A.L.R.2d 1308.   Pleading of election of remedies, 99 A.L.R.2d 1315.   Appealability of order staying, or refusing to stay, action because of pendency of another action, 18 A.L.R.3d 400.   Judgment in death action as precluding subsequent personal injury action by potential beneficiary of death action, or vice versa, 94 A.L.R.3d 676.