Parties to affected actions.

- This section applies when the second action is instituted by defendant in the first action, as well as when plaintiff in both actions is the same person. Ambursen Hydraulic Constr. Co. v. Northern Contracting Co., 140 Ga. 1, 78 S.E. 340, 47 L.R.A. (n.s.) 684 (1913).

Alimony action not precluded by pending out-of-state divorce action.

- Under former Code 1933, § 30-213 (see now O.C.G.A. § 19-6-10), the legislature did not intend to preclude maintenance of alimony action when a divorce action was pending in another state. Ward v. Ward, 223 Ga. 868, 159 S.E.2d 81 (1968).

Texas divorce decree not affected by action pending in this state.

- Mere fact that husband had a divorce action pending in court in this state when the husband procured a Texas divorce is not sufficient to rebut prima facie validity of the Texas decree, since whether or not there was an action pending in this state for the same cause was not a jurisdictional fact in the case in Texas. Meeks v. Meeks, 209 Ga. 588, 74 S.E.2d 861 (1953).

Dismissal of action not justified.

- Dismissal of an action by foreign corporations against a manufacturer on the basis of a prior pending action in the courts of another state was inappropriate in consideration of the provisions of O.C.G.A. §§ 9-2-5,9-2-44, and9-2-45. Flagg Energy Dev. Corp. v. GMC, 223 Ga. App. 259, 477 S.E.2d 402 (1996).

Cited in Harmon v. Wiggins, 48 Ga. App. 469, 172 S.E. 847 (1934); Lumpkin v. Lumpkin, 173 Ga. App. 755, 328 S.E.2d 389 (1985); Atlantic Wood Indus., Inc. v. Lumbermen's Underwriting Alliance, 196 Ga. App. 503, 396 S.E.2d 541 (1990).

Am. Jur. 2d.

- 1 Am. Jur. 2d, Abatement, Survival, and Revival, §§ 11, 18.

C.J.S.

- 1 C.J.S., Abatement and Revival, § 70 et seq.

ALR.

- Statute requiring filing of formal notice of lis pendens in certain classes of cases as affecting common-law doctrine of lis pendens in other cases, 10 A.L.R. 306.

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.

Res judicata as available in support of demurrer, 101 A.L.R. 1325.

Pendency of criminal prosecution as ground for continuance or postponement of civil action involving facts or transactions upon which prosecution is predicated, 123 A.L.R. 1453.