Baxter v. Crandall

1. “No suitor is entitled to prosecute two actions in the courts of this State 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 is a good defense to the latter, if commenced at different times.” Civil Code (1910), § 4331; Hood v. Cooledge, 39 Ga. App. 476 (147 S. E. 426).

2. The time of commencement of a suit is the date of filing as entered upon the petition by the clerk, where such filing is followed up by appropriate *126service…