Georgia Lumber Co. v. Thompson

1. Only defensive matter to a foreclosure of a lien on personalty being required in a counter-affidavit filed by the defendant under section 3366 (6) of the Civil Code (1910), such an affidavit, when made by the defendant’s agent, as provided in section 3607 of the Civil Code (1910), need not contain a sworn averment that the affiant is agent for the defendant. It is sufficient if such affidavit is in fact made by the defendant’s duly authorized agent, and where the affidavit purports on its face to be executed by such agent, the agency is presumed and the affidavit is prima facie valid. See,…