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C. E. MORGAN BUILDING PRODUCTS, INC. v. SAFE-LITE MANUFACTURING, INC.

35272.

244 Ga. 475 (1979)

260 S.E.2d 870

C. E. MORGAN BUILDING PRODUCTS, INC. v. SAFE-LITE MANUFACTURING, INC.

Supreme Court of Georgia.

Decided October 16, 1979.

Attorney(s) appearing for the Case

Whelchel, Whelchel & Carlton, Hoyt H. Whelchel, Jr., for appellant.

G. Gerald Kunes, for appellee.

MARSHALL, Justice.

In the present case, the Court of Appeals held that where a party seeking to foreclose a security interest in personal property sues out a writ of possession based on a petition not under oath, in violation of Code Ann. § 67-702 (Ga. L. 1974, pp. 398, 399, as amended), the proceedings are rendered void. We reverse.

The failure to verify a petition for writ of possession under Code Ann. § 67-702 is an amendable defect under the...

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