Opinion
59311.
SUBMITTED JANUARY 17, 1980.
DECIDED MAY 2, 1980.
Default judgment, etc. Floyd Superior Court. Before Judge Frazier.
Dudley B. Magruder, Jr., Karl M. Kothe, for appellants.
Frank H. Jones, William W. Byington, Jr., for appellee.
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 Code §§ 61-302 and 61-303. "If there was a defect in verification or lack thereof, it was an amendable one, waived by failure timely to object ..." American Liberty Ins. Co. v. Sanders, 120 Ga. App. 202, 207 ( 170 S.E.2d 249) (1969), reversed on other grounds Sanders v. American Liberty Ins. Co., 225 Ga. 796 ( 171 S.E.2d 539) (1969); see Mellon Bank v. Coppage, 243 Ga. 219 ( 253 S.E.2d 202) (1979); Cobb v. McCrary, 152 Ga. App. 212 ( 262 S.E.2d 538) (1979). Therefore, appellants' enumeration of error is without merit.
2. Notwithstanding appellants' suggestion upon the record, we decline to stay this proceeding pending a resolution of their intervening bankruptcy petition. See North Peachtree c. Ltd. v. Hicks, 136 Ga. App. 426 (5) ( 221 S.E.2d 607) (1975).
Judgment affirmed. McMurray, P. J., and Banke, J., concur.