Legal Opinion

Shuford v. Jackson

Court of Appeals of Georgia

Decided September 7, 1976No. 52399PublishedCited by 4 opinions

1Opinion of the Court

Webb, Judge.

The trial court denied Shuford’s motion to strike Jackson’s answer, which had been filed after judgment by default but in compliance with the Georgia Civil Practice Act. The answer was not verified when filed, the court below allowed Jackson ten days to amend, and it was so amended within the time allowed. Shuford charges error on the denial of his motion to strike, and on the grant of leave to amend the unverified answer.

Failure to verify, if required, is an amendable defect. Wall v. Mills, 126 Ga. App. 149, 150 (1) (190 SE2d 146). A default may be opened as a matter of right by…

2Cases cited2 opinions

  1. Wall v. MillsCourt of Appeals of Georgia · 1972
  2. Lee v. MorrisonCourt of Appeals of Georgia · 1975

3Cited by4 opinions

  1. MCG Development Corp. v. Bick Realty Co.Court of Appeals of Georgia · 1976
  2. Strother v. Hill Aircraft & Leasing Corp.Court of Appeals of Georgia · 1977
  3. J. A. Childs Construction Co. v. Gemini Construction Co.Court of Appeals of Georgia · 1984
  4. Stewart v. StateCourt of Appeals of Georgia · 1988

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