Legal Opinion

Dunn v. Lockheed-Georgia Co.

Court of Appeals of Georgia

Decided July 14, 1978No. 55812PublishedCited by 2 opinions

1Opinion of the Court

Shulman, Judge.

Appellant appeals from the denial of a motion to set aside a judgment for appellee. The basis of the motion was that appellee failed to verify its answer in response to appellant’s verified complaint. However, failure to verify a pleading is an amendable defect (Wall v. Mills, 126 Ga. App. 149 (1) (190 SE2d 146)) and supplies no basis for setting a judgment aside under Code Ann. § 81A-160 (d) which requires a nonamendable defect on the face of the record or pleadings.

Appellant’s other enumerations of error are directed to the granting of the judgment to appellee. However, an…

2Cases cited2 opinions

  1. Wall v. MillsCourt of Appeals of Georgia · 1972
  2. Dunn v. LOCKHEED-GEORGIA COMPANYCourt of Appeals of Georgia · 1977

3Cited by2 opinions

  1. Brown v. Wilson Chevrolet-Olds, Inc.Court of Appeals of Georgia · 1979
  2. Cobb v. McCraryCourt of Appeals of Georgia · 1979

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