Court of Appeals of Georgia January 9, 1963, 39809 (Cozzort v. Cunningham)

Franicum, 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.