Crump v. Jordan

Smith, Judge.

This appeal arises from the grant of a writ of possession and a default judgment. Appellants’ sole enumeration of error attacks the validity of appellee’s affidavit under Code § 61-301. We affirm.

1. The subject affidavit was sworn to and subscribed before a notary public although Code § 61-301 requires that the oath be made "before the judge of the superior court or any justice of the peace...” Nonetheless, a summons was issued. Appellants, however, made no answer to the resulting summons within the time allotted, nor did they seek to reopen the default as a matter of right. See…