Creation of right of action.

- Nothing is needed under O.C.G.A. § 44-12-21 but a right in the plaintiff and some invasion of that right by the defendant to create a right of action. Stafford v. Maddox, 87 Ga. 537, 13 S.E. 559 (1891).

There can be no right of action until there has been a wrong, that is, a violation of a legal right. City of Columbus v. Anglin, 120 Ga. 785, 48 S.E. 318 (1904); Strachan Shipping Co. v. Hazlip-Hood Cotton Co., 161 Ga. 480, 131 S.E. 283 (1926).

O.C.G.A. § 44-12-21 is remedy which the law gives to enforce a right, arising from the violation of a contract, or for an injury done to a person or property. Chisholm v. Lewis & Co., 66 Ga. 729 (1881); State Hwy. Dep't v. Noble, 220 Ga. 410, 139 S.E.2d 318 (1964).

O.C.G.A. § 44-12-21 should be harmonized as to right and remedy with O.C.G.A. § 9-2-3 unless the law forbids. Cox v. Strickland, 120 Ga. 104, 47 S.E. 912, 1 Ann. Cas. 870 (1904).

Right of action for tort is "chose in action" under O.C.G.A. § 44-12-21. Gamble v. Cent. R.R. & Banking Co., 80 Ga. 595, 7 S.E. 315, 12 Am. St. R. 276 (1888); Central R.R. & Banking Co. v. Brunswick & W.R.R., 87 Ga. 386, 13 S.E. 520 (1891).

Assignability.

- Pursuant to Georgia law, the debtor's cause of action for wrongful foreclosure was an injury to property, which made it an assignable chose in action. Colony Bank Worth v. 150 Beachview Holdings, LLC (In re Fry), Bankr. (Bankr. S.D. Ga. Mar. 23, 2007).

Recovery for damage to property is not bar to subsequent action for injury to person where one sustains both injuries from the same act or acts of negligence of another. Endsley v. Georgia Ry. & Power Co., 37 Ga. App. 439, 140 S.E. 386 (1927).

Instruction as to unrelated matters inappropriate.

- In a suit to recover compensation for the damaging of real property as the consequence of a public improvement, instructions as to the measure of damages and relevant to a tort action are not appropriate as they are issues which were neither made by the pleadings nor the evidence. Clarke County Sch. Dist. v. Madden, 99 Ga. App. 670, 110 S.E.2d 47 (1959).

Cited in Lacey v. Hutchinson, 5 Ga. App. 865, 64 S.E. 105 (1909); Chattahoochee Brick Co. v. Goings, 135 Ga. 529, 69 S.E. 865, 1912A Ann. Cas. 263 (1910); Franklin v. City of Atlanta, 40 Ga. App. 319, 149 S.E. 326 (1929); Sessions v. Parker, 174 Ga. 296, 162 S.E. 790 (1932); Roberts v. Roberts, 174 Ga. 645, 163 S.E. 735 (1932); Kutchey Motor Co. v. Hood, 46 Ga. App. 156, 167 S.E. 126 (1932); Clarke County Sch. Dist. v. Madden, 99 Ga. App. 670, 110 S.E.2d 47 (1959); Betts v. Brown, 219 Ga. 782, 136 S.E.2d 365 (1964); State Hwy. Dep't v. Noble, 220 Ga. 410, 139 S.E.2d 318 (1964); State Hwy. Dep't v. Hester, 112 Ga. App. 51, 143 S.E.2d 658 (1965); Canal Ins. Co. v. Cambron, 240 Ga. 708, 242 S.E.2d 32 (1978); Taylor v. Greiner, 156 Ga. App. 663, 275 S.E.2d 737 (1980); Timms v. Verson Allsteel Press Co., 520 F. Supp. 1147 (N.D. Ga. 1981).

Am. Jur. 2d.

- 63 Am. Jur. 2d, Property, § 23.

C.J.S.

- 73 C.J.S., Property, § 22.

ALR.

- Presence of noxious weeds as ground for rescission of contract for purchase of land, 2 A.L.R. 1511.

Necessity, as condition of action at law, a defense thereto, based on rescission of contract, of return or tender before act of securities, commercial paper, or documents evidencing proper or contractual rights received as consideration, 105 A.L.R. 1003.

Hotel or innkeeper's liability for refusal to honor reservation, 58 A.L.R.3d 369.

Measure and element of damages recoverable from vendor where there has been a mistake as to amount of land conveyed, 94 A.L.R.3d 1091.