Mellon Bank, NA v. Coppage
Cases that cite this one
10 later published cases cite this decision.
- Horizon Credit Corp. v. Lanier Bank & Trust Co. (Ga. Ct. App. 1996)
- Phoebe Putney Memorial Hospital v. Skipper (Ga. Ct. App. 1998)
- Safe-Lite Manufacturing, Inc. v. C. E. Morgan Building Products, Inc. (Ga. Ct. App. 1979)
- Weekes v. Nationwide General Insurance (Ga. Ct. App. 1998)
- Joyce's Submarine Sandwiches, Inc. v. California Public Employees' Retirement System (Ga. Ct. App. 1990)
- Kicklighter v. Blocker (Ga. Ct. App. 1982)
- Crump v. Jordan (Ga. Ct. App. 1980)
- C. E. Morgan Building Products, Inc. v. Safe-Lite Manufacturing, Inc. (Ga. 1979)
- Cobb v. McCrary (Ga. Ct. App. 1979)
- Coppage v. Mellon Bank, N. A. (Ga. Ct. App. 1979)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
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 filed as a matter of right. Code Ann. § 81A-115 (a).
The improper verification of the petition was an amendable defect under the Civil Practice Act, and the Court of Appeals erred in holding the petition void ab initio. Anything to the contrary in Jordan v. Ford Motor Credit Co., 141 Ga. App. 280 (233 SE2d 256) (1977) is specifically disapproved and will not be followed.
Judgment reversed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.