Neal v. Davis Foundry & Machine Works
Supreme Court of Georgia
Foreclosure of lien. Before Judge Wright. Floyd superior court. September 30, 1907. James Neal brought suit against the Davis Foundry & Machine Works, seeking to foreclose a lien for work done and materials furnished in connection with two buildings. The petition was verified by an affidavit stating that it was true to the best of the knowledge and belief of the affiant. The suit was brought to the July, term, 1906, of Floyd superior court.
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Foreclosure of lien. Before Judge Wright. Floyd superior court. September 30, 1907. James Neal brought suit against the Davis Foundry & Machine Works, seeking to foreclose a lien for work done and materials furnished in connection with two buildings. The petition was verified by an affidavit stating that it was true to the best of the knowledge and belief of the affiant. The suit was brought to the July, term, 1906, of Floyd superior court. No demurrer- was filed at that term. The defendant filed an answer in which was included a cross-action seeking to recover damages on the ground that the…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. Where a petition is verified, the answer should also be verified. .Civil Code, §5055. An omission to verify the answer is curable, and on proper application the presiding judge will allow the verification to be added even after the first term. Ward v. Frick Co., 95 Ga. 804 (22 S. E. 899); Norton v. Scruggs, 108 Ga. 802 (34 S. E. 166); Rogers v. Caldwell, 122 Ga. 279 (50 S. E. 95); Patton v. Bank of LaFayette, 124 Ga. 965 (53 S. E. 664, 5 L. R. A. (N. S.) 592). It was therefore proper to overrule a motion, made at the trial, 'that the answer should be…
2Cases cited5 opinions
- Patton v. Bank of LaFayetteSupreme Court of Georgia · 1906
- Ward v. Frick Co.Supreme Court of Georgia · 1895
- Green v. HambrickSupreme Court of Georgia · 1903
- Rodgers v. CaldwellSupreme Court of Georgia · 1905
- Norton v. ScruggsSupreme Court of Georgia · 1899
3Cited by23 opinions
- Oxford v. ShumanCourt of Appeals of Georgia · 1962
- Georgia Power Co. v. Equal Employment Opportunity CommissionDistrict Court, N.D. Georgia · 1968
- Rawls Bros. v. PaulCourt of Appeals of Georgia · 1967
- Brooke v. Lowry National BankSupreme Court of Georgia · 1914
- Central of Georgia Railway Co. v. WaldoCourt of Appeals of Georgia · 1909
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