Kittle v. Brown

1. Where an unverified plea is filed to a suit on an unconditional contract in writing, and no objection to the plea is made at the first term, the plaintiff will be held to have waived his right to object to the plea at that term, but at a subsequent term he can move to strike the plea, on the ground that it was not sworn to. Under such circumstances, however, the defendant then would have the right to amend his plea by verifying it. Ward v. Frick Co., 95 Ga. 804 (22 S. E. 899); Bland v. Bird, 134 Ga. 74 (2 a) (67 S. E. 427).

2. In the instant case, which was a suit on promissory notes, the…