O.C.G.A. § 9-2-43 (2019)
No abatement where some defendants not liable
An action against several persons shall not abate where it appears that some of the defendants are not liable but may proceed against those who are liable.
History
Orig. Code 1863, § 3375; Code 1868, § 3394; Code 1873, § 3442; Code 1882,
§ 3442; Civil Code 1895, § 5039; Civil Code 1910, § 5621; Code 1933, § 3-504.
Annotations
JUDICIAL DECISIONS When amendment to petition set forth alleged true relationship between the parties by striking one of the defendants and petition as amended still set out cause of action against other defendant,
seeking to recover on same contract, not a new or different contract and not a new cause of action, action did not abate. City Council v. Diseker, 54 Ga. App. 801, 189 S.E. 601, 1936 Ga. App. LEXIS 761 (1936).
RESEARCH REFERENCES Am. Jur. 2d. 1 Am. Jur. 2d, Abatement, Survival, and Revival, §§ 22 et seq., 102. C.J.S. 1 C.J.S., Abatement and Revival, §§ 106, 124 et seq. 27 C.J.S., Dismissal and Nonsuit, § 58 et seq.
ALR. Abatement by pendency of another action as affected by addition or omission of parties defendant in second suit, 44 A.L.R. 806. Release of one of two or more persons whose independent tortious acts combine
to produce an injury as releasing other or others, 134 A.L.R. 1225. Grant of new trial, or reversal of judgment on appeal as to one joint tort-feasor, as requiring new trial or reversal as to other tort-feasor, 143 A.L.R. 7.
Reversal upon appeal by, or grant of new trial to, one coparty defendant against whom judgment was rendered, as affecting judgment in favor of other coparty defendants, 166 A.L.R. 563.