Safe-Lite Manufacturing, Inc. v. C. E. Morgan Building Products, Inc.

Birdsong, Judge.

Writ of possession. This case turns upon a procedural issue. The appellee C. E. Morgan Building Products, Inc. sought to foreclose its security interest on certain manufacturing equipment and certain inventory from the appellant, Safe-Lite Manufacturing, Inc. Though there was a jury trial on the issue of whether Safe-Lite was in default or in arrears of rental, it is undisputed by the parties that the writ of possession was sought based upon a petition not under oath. It also is clear that appellant Safe-Lite raises this issue for the first time on appeal. Held:

Ga. L. 1974,…