Definitions

  1. Law
  2. Georgia Code
  3. Civil Practice
  4. Actions Generally
  5. General Provisions
  6. Definitions

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As used in this title, the term:

  1. "Action" means the judicial means of enforcing a right.
  2. "Civil action" means an action founded on private rights, arising either from contract or tort.
  3. "Penal action" means an action allowed in pursuance of public justice under particular laws.

(Orig. Code 1863, §§ 3175, 3177, 3178; Code 1868, §§ 3186, 3188, 3189; Code 1873, §§ 3251, 3253, 3254; Code 1882, §§ 3251, 3253, 3254; Civil Code 1895, §§ 4930, 4932, 4933; Civil Code 1910, §§ 5507, 5509, 5510; Code 1933, §§ 3-101, 3-102, 3-103.)

Cross references.

- Status of "civil action" as single form of action for purposes of Civil Practice Act, § 9-11-2.

For corresponding provision relating to criminal procedure, § 17-1-2.

JUDICIAL DECISIONS

"Action" and "cause of action" distinguished.

- Word "action," as defined by this section, differs from a cause of action in that the latter is the right itself. Alexander v. Dean, 29 Ga. App. 722, 116 S.E. 643 (1923).

Object of action.

- The object of an "action," as defined by this section, is to redress or prevent a wrong. Southern Ry. v. State, 116 Ga. 276, 42 S.E. 508 (1902); Citizens' & S. Nat'l Bank v. Hendricks, 176 Ga. 692, 168 S.E. 313 (1933).

Petition of an immediate writ of possession is an "action" within the meaning of O.C.G.A. § 9-2-1. Flateau v. Reinhardt, Whitley & Wilmot, 220 Ga. App. 188, 469 S.E.2d 222 (1996).

Levy of an execution is a "judicial means" provided by law for "enforcing a right." Miller County v. Bush, 28 Ga. App. 130, 110 S.E. 515 (1922).

Cited in George v. Gardner, 49 Ga. 441 (1873); Mitchell v. Georgia R.R., 68 Ga. 644 (1882); Nixon v. Nixon, 196 Ga. 148, 26 S.E.2d 711 (1943); Pate v. Taylor Chem. Co., 88 Ga. App. 127, 76 S.E.2d 131 (1953); Malone v. Clark, 109 Ga. App. 134, 135 S.E.2d 517 (1964); First Nat'l Bank & Trust Co. v. McNatt, 141 Ga. App. 6, 232 S.E.2d 356 (1977); Cooper v. Public Fin. Corp., 146 Ga. App. 250, 246 S.E.2d 684 (1978); Buckler v. DeKalb County Bd. of Tax Assessors, 288 Ga. App. 332, 654 S.E.2d 184 (2007).

RESEARCH REFERENCES

C.J.S.

- 1A C.J.S., Actions, §§ 1, 74 et seq., 83. 7A C.J.S., Attorney General, § 65 et seq.

ALR.

- Effect of action as an election of remedy or choice of substantive rights in case of fraud in sale of property, 123 A.L.R. 378.


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