O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
As used in this title, the term: (1) “Action” means the judicial means of enforcing a right. (2) “Civil action” means an action founded on private rights, arising either from contract or tort. (3) “Penal action” means an action allowed in pursuance of public justice under particular laws. Cross references. Status of “civil action” as single form of action for purposes of Civil Practice Act, § 9-11-2. For corresponding provision relating to criminal procedure, § 17-1-2.
History
Orig. Code 1863, §§ 3175, 3177, 3178; Code 1868, §§ 3186, 3188, 3189; Code 1873, §§ 3251, 3253, 3254; Code 1882, §§ 3251, 3253, 3254; Civil Code 1895, §§ 4930, 4932, 4933; Civil Code 1910, §§ 5507, 5509, 5510; Code 1933, §§ 3101, 3-102, 3-103.
Annotations
JUDICIAL DECISIONS v. State, 116 Ga. 276, 42 S.E. 508, 1902 Ga. LEXIS 79 (1902); Citizens’ & S. Nat’l Bank v. Hendricks, 176 Ga. 692, 168 S.E. 313, 1933 Ga. LEXIS 255 (1933). Petition of an immediate writ of possession is an “action” within the meaning of O.C.G.A. § 9-2-1. Flateau v. Reinhardt, Whitley & Wilmot, 220 Ga. App. 188, 469 S.E.2d 222. Levy of an execution is a “judicial means” provided by law for “enforcing a
“Action” and “cause of action” distinguished. - Word “action,” as defined by this section, differs from a cause of action in that the latter is the right itself. Alexander v. Dean, 29 Ga. App. 722, 116 S.E. 643, 1923 Ga. App. LEXIS 175 (1923), aff’d, 157 Ga. 280, 121 S.E. 238, 1924 Ga. LEXIS 34 (1924). Object of action. - The object of an “action,” as defined by this section, is to redress or prevent a wrong. Southern Ry.
right.” Miller County v. Bush, 28 Ga. App. 130, 110 S.E. 515, 1922 Ga. App. LEXIS 342 (1922). RESEARCH REFERENCES or choice of substantive rights in case of fraud in sale of property, 123 A.L.R. 378.
C.J.S. 1A C.J.S., Actions, §§ 1, 74 et seq., 83. 7A C.J.S., Attorney General, § 65 et seq. ALR. Effect of action as an election of remedy
Notes of Decisions
Joyner v. Leaphart, 875 S.E.2d 729 (Ga. 2022).
· cites it 4× “” OCGA § 9-2-1 (1). Thus, in considering whether to grant Leaphart and MPPG’s motion to dismiss, the trial court’s first step was to determine whether the Joyners had twice dismissed the same action.”
Workman v. Rl Bb Acq I-ga Cvl, LLC, 814 S.E.2d 696 (Ga. 2018).
· cites it 4× “Though not mentioned by the Court of Appeals, the phrase "civil action" is defined in OCGA § 9-2-1 (2) as "an action founded on *699 private rights, either from contract or tort.”
Williams v. the Stats, 315 Ga. 498 (Ga. 2023).
· cites it 2× “While the CPA does not define “actions of a civil nature,” it provides that “‘[c]ivil action’ means an action founded on private rights, arising either from contract or tort,” OCGA § 9-2-1, and the Georgia Code defines “civil case” in the context of probate courts as “those…”
Bagley v. Shortt, 410 S.E.2d 738 (Ga. 1991).
· cites it 4× “(a) Initially, it might appear that “case” is synonymous with “action,” as defined by OCGA § 9-2-1 (1) (“the judicial means of enforcing a right”); or “civil action” (“an action founded on private rights, arising either from contract of tort.”
Hous. Auth. of Savannah v. Greene, 383 S.E.2d 867 (Ga. 1989).
· cites it 2× “” OCGA § 9-2-1 (1). A third-party complaint certainly comes within the scope of that definition.”
Workman v. Rl Bb Acq I-ga Cvl, LLC, 303 Ga. 693 (Ga. 2018).
· cites it 2× “Though not mentioned by the Court of Appeals, the phrase “civil action” is defined in OCGA § 9-2-1 (2) as “an action founded on private rights, arising either from contract or tort.”
Poss v. Dep't of Human Resources, 426 S.E.2d 635 (Ga. Ct. App. 1992).
· cites it 4× “Under authority of OCGA § 9-2-1, plaintiffs commenced this action as a renewal of an action prosecuted by them in federal court.”
Buckler v. Dekalb Cnty. Bd. of Tax Assessors, 654 S.E.2d 184 (Ga. Ct. App. 2007).
· cites it 2× “) OCGA§ 9-2-1. Were the right of appeal not literally a “judicial means” of enforcing a right, the Bucklers would not now be before this Court.”
COE & PAYNE Co. v. Foster & Kleiser, Inc., 366 S.E.2d 292 (Ga. 1988).
· cites it 2× “’ ” OCGA § 9-2-1 provides, in part, as follows: “As used in this title, the term: (1) ‘Action’ means the judicial means of enforcing a right.”
Vester v. Banks, 570 S.E.2d 586 (Ga. Ct. App. 2002).
“City of Ashburn Code of Ordinances, Appendix A Zoning, §§ 2-22A; 2-29A; Athens-Clarke City and County Code of Ordinances § 9-2-1; Camden County Code of Ordinance, Appendix B Zoning Ordinance, § 302 (37); Clarkston City Code of Ordinances, Appendix A Zoning, Article III; Cobb…”
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