Bahde v. Wright

(After stating the foregoing facts.) We will first consider the assignment of error contained in the exceptions pendente lite filed by the plaintiff in error. Did the trial judge err in overruling the defendant’s motion to dismiss the dispossessory warrant on the ground that the oath of the affidavit had been administered by the Clerk of the Civil Court of Fulton County, where the statute requires that the oath be taken before a judge of the superior court or a justice of the peace? This question has been decided adversely to the contention of the plaintiff in error by the Supreme Court in…