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Lawskills.com Georgia Caselaw
YOUNG v. COWLES.
47953.
DEEN, Judge.
Dispossessory warrant. Fulton Civil Court. Before Judge Camp.
1. The motion to dismiss is denied.
This case originated in the Civil Court of Fulton County. By Ga. L. 1956, pp. 3271, 3277, it is provided in Section 26 that judges of this court have "jurisdiction to try and dispose of all civil cases of whatever nature . . . including among others . . . proceedings against intruders or tenants holding over . . ." This puts these civil court judges on a par with superior court judges or justices of the peace as to the issuance of dispossessory warrants, but the requirement that the affidavit be taken before the judge issuing the warrant must still be met.
A timely objection was made by the defendant that process was insufficient and the court had no jurisdiction of the subject matter. Under Griswold v. Rutherford, 109 Ga. 398, supra, these objections were good and the trial court should have dismissed the proceeding. Whether or not the affidavit was amendable is immaterial since as a matter of fact no amendment was offered relating to this issue.
BELL, Chief Judge, concurring specially.
The only issue presented in this case is whether a notary public may administer the oath to the affidavit in a dispossessory warrant proceeding. The affidavit here was sworn to before a notary public. It has been held that only those specifically empowered by the statutes may administer the oath. A notary public is not so empowered. Code 61-301; Ga. L. 1951, pp. 3105, 3107; Griswold v. Rutherford, 109 Ga. 398 (34 SE 602). Thus, the entire proceeding is void and the judgment appealed from must be reversed.
Neely, Freeman & Hawkins, Albert H. Parnell, for appellee.
P. L. Wayman, for appellant.
ARGUED MARCH 5, 1973 -- DECIDED APRIL 11, 1973.
Friday May 22 14:09 EDT


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