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2018 Georgia Code 9-2-1 | Car Wreck Lawyer

TITLE 9 CIVIL PRACTICE

Section 2. Actions Generally, 9-2-1 through 9-2-63.

ARTICLE 1 GENERAL PROVISIONS

9-2-1. Definitions.

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.

(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, §§ 3-101, 3-102, 3-103.)

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.

JUDICIAL DECISIONS

"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).

Object of action.

- The object of an "action," as defined by this section, is to redress or prevent a wrong. Southern Ry. v. State, 116 Ga. 276, 42 S.E. 508 (1902); Citizens' & S. Nat'l Bank v. Hendricks, 176 Ga. 692, 168 S.E. 313 (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 (1996).

Levy of an execution is a "judicial means" provided by law for "enforcing a right." Miller County v. Bush, 28 Ga. App. 130, 110 S.E. 515 (1922).

Cited in George v. Gardner, 49 Ga. 441 (1873); Mitchell v. Georgia R.R., 68 Ga. 644 (1882); Nixon v. Nixon, 196 Ga. 148, 26 S.E.2d 711 (1943); Pate v. Taylor Chem. Co., 88 Ga. App. 127, 76 S.E.2d 131 (1953); Malone v. Clark, 109 Ga. App. 134, 135 S.E.2d 517 (1964); First Nat'l Bank & Trust Co. v. McNatt, 141 Ga. App. 6, 232 S.E.2d 356 (1977); Cooper v. Public Fin. Corp., 146 Ga. App. 250, 246 S.E.2d 684 (1978); Buckler v. DeKalb County Bd. of Tax Assessors, 288 Ga. App. 332, 654 S.E.2d 184 (2007).

RESEARCH REFERENCES

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 or choice of substantive rights in case of fraud in sale of property, 123 A.L.R. 378.

Cases Citing Georgia Code 9-2-1 From Courtlistener.com

Total Results: 13

The STATE v. SASS GROUP, LLC (Two Cases)

Court: Supreme Court of Georgia | Date Filed: 2023-03-15

Snippet: “judicial means of enforcing a right.” OCGA § 9-2-1. See also Housing Auth. of Savannah v. Greene,

The STATE v. SASS GROUP, LLC (Two Cases)

Court: Supreme Court of Georgia | Date Filed: 2023-03-15

Snippet: “judicial means of enforcing a right.” OCGA § 9-2-1. See also Housing Auth. of Savannah v. Greene,

CAMDEN COUNTY v. SWEATT, JUDGE

Court: Supreme Court of Georgia | Date Filed: 2023-02-07

Snippet: arising either from contract or tort,” OCGA § 9-2-1, and the Georgia Code defines “civil case” in the

JOYNER v. LEAPHART

Court: Supreme Court of Georgia | Date Filed: 2022-06-22

Snippet: “the judicial means of enforcing a right.” OCGA § 9-2-1 (1). Thus, in considering whether to grant Leaphart

Workman v. RL BB ACQ I-GA CVL, LLC

Court: Supreme Court of Georgia | Date Filed: 2018-05-21

Citation: 814 S.E.2d 696

Snippet: the phrase "civil action" is defined in OCGA § 9-2-1 (2) as "an action founded on *699private rights

West v. Fulton County

Court: Supreme Court of Georgia | Date Filed: 1997-01-21

Citation: 479 S.E.2d 722, 267 Ga. 456, 97 Fulton County D. Rep. 209, 1997 Ga. LEXIS 16

Snippet: or otherwise nullify the provisions of OCGA § 36-9-2.1 Accordingly, we *458reject West’s argument that

In re Shearouse

Court: Supreme Court of Georgia | Date Filed: 1996-07-01

Citation: 266 Ga. 848, 472 S.E.2d 294, 96 Fulton County D. Rep. 2450, 1996 Ga. LEXIS 489

Snippet: Standards for Imposing Discipline (1991), Standard 9.2: 1) Shearouse’s previous disciplinary offense, involving

Bagley v. Shortt

Court: Supreme Court of Georgia | Date Filed: 1991-12-02

Citation: 410 S.E.2d 738, 261 Ga. 762

Snippet: synonymous with "action," as defined by OCGA § 9-2-1(1) ("the judicial means of enforcing a right");

Housing Auth. of Savannah v. Greene

Court: Supreme Court of Georgia | Date Filed: 1989-09-28

Citation: 383 S.E.2d 867, 259 Ga. 435

Snippet: "the judicial means of enforcing a right." OCGA § 9-2-1 (1). A third-party complaint certainly comes within

COE & PAYNE COMPANY v. Foster & Kleiser, Inc.

Court: Supreme Court of Georgia | Date Filed: 1988-04-07

Citation: 366 S.E.2d 292, 258 Ga. 161, 1988 Ga. LEXIS 103

Snippet: action, to be known as `civil action.'" OCGA § 9-2-1 provides, in part, as follows: "As used in this

G & M Quality Builders, Inc. v. Dennison

Court: Supreme Court of Georgia | Date Filed: 1987-01-14

Citation: 256 Ga. 617, 351 S.E.2d 622, 1987 Ga. LEXIS 546

Snippet: declaration of exemption [pursuant to OCGA § 39-9-2.1].” We find no error. 2. The appellant asserts that

Cofield v. State

Court: Supreme Court of Georgia | Date Filed: 1981-02-10

Citation: 274 S.E.2d 530, 247 Ga. 98, 1981 Ga. LEXIS 633

Snippet: that when he counted the money it was only $8 or $9.[2] 1. In defendant's first enumeration of error he complains

Thurmond v. Sovereign Camp Woodmen of World

Court: Supreme Court of Georgia | Date Filed: 1930-11-14

Citation: 171 Ga. 446, 155 S.E. 760, 1930 Ga. LEXIS 383

Snippet: R. A. 88, 69 Am. St. R. 134); 45 C. J. 12 (§ 9), (2); 1 Cooley’s Briefs on Insurance, 631; Wilcox v.