Legal Opinion

Rowe v. Citizens & Southern National Bank

Court of Appeals of Georgia

Decided May 30, 1973No. 48129PublishedCited by 10 opinions

1Opinion of the Court

Deen, Judge.

Since the right of action appears to be joint and several, the plaintiff has a right to pursue his remedies separately against the various tortfeasors until he obtains satisfaction from some. Code Ann. § 3-114. The right of action, as well as the action, survives the death of the defendant against his personal representative. Code Ann. § 3-505. What the plaintiff cannot do, however, is to prosecute two causes of action at the same time against the same party. Code § 3-601. Therefore, either the Laurens County action or the Chatham County action is dismissible on motion by the…

2Cases cited1 opinion

  1. Eubank v. Barber-Colman Co.Court of Appeals of Georgia · 1967

3Cited by10 opinions

  1. A. H. Robins Co. v. SullivanCourt of Appeals of Georgia · 1975
  2. Mathews v. ClevelandCourt of Appeals of Georgia · 1981
  3. Anderson v. BruceCourt of Appeals of Georgia · 2001
  4. South DeKalb Family Branch of Young Men's Christian Ass'n of Metropolitan Atlanta, Inc. v. FrazierSupreme Court of Georgia · 1976
  5. Cox v. Progressive Bayside InsuranceCourt of Appeals of Georgia · 2012

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