In all actions against two or more defendants, one or more of whom have died or may die pending the action, the plaintiff may suggest the death of record and proceed against the surviving defendants to the extent of their respective liabilities.
History. Ga. L. 1859, p. 49, § 1; Code 1863, § 3377; Code 1868, § 3396; Code 1873, § 3444; Code 1882, § 3444; Civil Code 1895, § 5041; Civil Code 1910, § 5623; Code 1933, § 3-506.
Law reviews.
For article, “Actions for Wrongful Death in Georgia: Part One,” see 19 Ga. B.J. 277 (1957).
For article, “Actions for Wrongful Death in Georgia: Part Two,” see 19 Ga. B.J. 439 (1957).
For article, “Actions for Wrongful Death in Georgia: Part Two,” section two, see 20 Ga. B.J. 152 (1957).
Structure Georgia Code
§ 9-2-40. No Abatement on Death of Party Where Cause Survives
§ 9-2-42. Death of One or More Codefendants; Suggestion of Record
§ 9-2-43. No Abatement Where Some Defendants Not Liable
§ 9-2-44. Effect of Former Recovery; Pendency of Former Action
§ 9-2-45. No Abatement for Pendency of Action in Another State
§ 9-2-47. Precedence of First Filed Informer’s Action; Abatement of Others