JONES v. RICH'S INC.

33083.

81 Ga. App. 841 (1950)

60 S.E.2d 402

JONES v. RICH'S INC.

Court of Appeals of Georgia.

Decided June 26, 1950.


Attorney(s) appearing for the Case

Grace W. Thomas, Lucile I. Milam, Durwood T. Pye, for plaintiff.

Parker & Parker, for defendant.


GARDNER, J.

"No suitor may prosecute two actions in the courts at the same time, for the same cause, and against the same party, and in such a case the defendant may require the plaintiff to elect which he will prosecute, if commenced simultaneously; and the pendency of the former shall be a good defense to the latter, if commenced at different times." Code § 3-601. This section is to be considered and applied along with § 3-607, which provides that "A former...

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