Cockerham v. Lake & Elliott

Quillian, Presiding Judge.

Appeal was taken from the denial of appellant’s motion to set aside a judgment granting the appellees a writ of possession. Held:

1. The motion to set aside was predicated on a purported nonamendable defect appearing on the face of the record.

The fact that the defendant’s name was misspelled would not constitute such a nonamendable defect. See Jeffries v. Bartlett, 75 Ga. 230; Herron v. State, 93 Ga. 554 (19 SE 243); Webb v. State, 149 Ga. 211 (99 SE 630). Moreover, the misspelling of a person’s name in the summons would not be vital in this action for a writ of…