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COZZORT v. CUNNINGHAM

39809.

107 Ga. App. 320 (1963)

130 S.E.2d 171

COZZORT v. CUNNINGHAM.

Court of Appeals of Georgia.

Rehearing Denied February 8, 1963.

Attorney(s) appearing for the Case

Russell A. Ford, Sr., for plaintiff in error.

Hicks & Howard, G. Robert Howard, contra.

FRANKUM, Judge.

1. "A former recovery, or the pendency of a former suit for the same cause of action, between the same parties, in the same or any other court that has jurisdiction, shall be a good cause of abatement; but if the first action is so defective that no recovery can possibly be had, the pendency of a former suit shall not abate the action." Code § 3-607. Thus, where one with actual knowledge and notice of the facts, having two or more inconsistent...

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