Young v. Cowles

128 Ga. App. 770 (1973)

197 S.E.2d 864

YOUNG

v.

COWLES.

47953.

Court of Appeals of Georgia.

Argued March 5, 1973.

Decided April 11, 1973.

P. L. Wayman, for appellant.

Neely, Freeman & Hawkins, Albert H. Parnell, for appellee.

DEEN, Judge.

1. The motion to dismiss is denied.

2. To initiate a dispossessory proceeding the plaintiff or his attorney or agent must "go before the judge of the superior court or any justice of the peace and make oath to the facts." Code § 61-301. Thereupon "the judge of the superior court or justice of the peace before whom [the affidavit] was made" issues the summons. Code Ann. §…