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Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 2. ACTIONS GENERALLY · Article 3. ABATEMENT

9-2-40. No abatement on death of party where cause survives.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. No action shall abate by the death of either party, where the cause of action shall in any case survive to or against the legal representatives of the deceased party, either in the same or any other form of action.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Laws 1799, Cobb’s 1851 Digest, p. 472.; Code 1863, § 3371; Code 1868, § 3390; Code 1873, § 3438; Code 1882, § 3438; Civil Code 1895, § 5035; Civil Code 1910, § 5617; Code 1933, § 3-501.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t9-ch1-10-(v6)-2023-pdf.pdf, Volume V6, 2023 edition, page 85; merge action: carried; file SHA-256 ea8a520ad52f.