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O.C.G.A. § 9-2-47 — Precedence of first filed informer's action; abatement of others | Georgia Code

O.C.G.A. § 9-2-47 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 9 CIVIL PRACTICE

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

ARTICLE 3 ABATEMENT

9-2-47. Precedence of first filed informer's action; abatement of others.

In the case of actions by informers to recover any fine, forfeiture, or penalty, the first filed in the clerk's office shall have precedence for the same cause of action and the latter filed actions shall abate.

(Orig. Code 1863, § 2837; Code 1868, § 2845; Code 1873, § 2896; Code 1882, § 2896; Civil Code 1895, § 3740; Civil Code 1910, § 4334; Code 1933, § 3-606.)

Cross references.

- Time limitations on bringing of actions by informers to recover fine, forfeiture, or penalty, § 9-3-28.

JUDICIAL DECISIONS

Cited in Heath v. Bates, 70 Ga. 633 (1883).

RESEARCH REFERENCES

Am. Jur. 2d.

- 1 Am. Jur. 2d, Abatement, Survival, and Revival, § 12 et seq.

C.J.S.

- 1 C.J.S., Abatement and Revival, §§ 24, 44 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.

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 9 in the context of Georgia civil practice and statute of limitations and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.