Heath v. Bates
Supreme Court of Georgia
Scire facias. Lis pendens. Abatement. Actions. Before Judge Fain. Bartow Superior Court. July Term, 1882. Bates brought ejectment against Yaughan. Pending the action the defendant died, and, after the expiration of twelve months, plaintiff proceeded by scire facias to make his administrators parties.
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Scire facias. Lis pendens. Abatement. Actions. Before Judge Fain. Bartow Superior Court. July Term, 1882. Bates brought ejectment against Yaughan. Pending the action the defendant died, and, after the expiration of twelve months, plaintiff proceeded by scire facias to make his administrators parties. They pleaded that a former scire facias had been sued out by the plaintiff, and was pending at the time this proceeding was begun, and therefore the second proceeding should abate. On the hearing, counsel for movant moved to strike the plea, and stated that the former proceeding had been…
1Opinion of the Court
Hall, Justice.
To a scire facias to make parties, can the pendency of another sci. fa. between the same parties and for the same purpose be pleaded in abatement ? 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, is a good cause of abatement; but if the first action is so defective that no recovery can be possibly had, the pendency of a former suit will not abate the action. Code, §3476. See in connection Lb., §2894, in which a suitor is put to his election where two actions are commenced and prosecuted…
2Cases cited1 opinion
- Bland v. StrangeSupreme Court of Georgia · 1874
3Cited by6 opinions
- Wilson v. Atlanta, Knoxville & Northern Railway Co.Supreme Court of Georgia · 1902
- Marshall v. Westfal, Larsen & Co.District Court, S.D. Georgia · 1924
- State Highway Department v. NobleSupreme Court of Georgia · 1964
- Fairbanks v. Shady Brook Milling Co.Washington Supreme Court · 1916
- Hayes v. International Harvester Co.Court of Appeals of Georgia · 1935
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