Mellon Bank, NA v. Coppage

Nichols, Chief Justice.

This court granted certiorari to review the ruling of the Court of Appeals that a writ of possession is void ab initio where the oath required by Code Ann. § 67-702 is made before a notary public but later properly verified by amendment.

Since the adoption of the Civil Practice Act (Ga. L. 1966, p. 609), the courts of this state have held that the failure to verify is an amendable defect. Wall v. Mills, 126 Ga. App. 149 (1) (190 SE2d 146) (1972); Rigby v. Powell, 233 Ga. 158 (2) (210 SE2d 696) (1974). The amendment was filed prior to the pre-trial order. It thus could be…