Jamerson v. Midland Nat. Ins. Co.

• Decision Date: 19 September 1962
• Docket Number: No. 1,No. 39694,39694,1
• Citation: 106 Ga.App. 549,127 S.E.2d 686
• Parties: Harvey C. JAMERSON v. MIDLAND NATIONAL INSURANCE COMPANY
• Court: Georgia Court of Appeals

Page 686

127 S.E.2d 686

106 Ga.App. 549

Harvey C. JAMERSON v. MIDLAND NATIONAL INSURANCE COMPANY.

No. 39694.

Court of Appeals of Georgia, Division No. 1.

Sept. 19, 1962.

Oze R. Horton, Hapeville, for plaintiff in error.

James F. Panter, Atlanta, for defendant in error.

Syllabus Opinion by the Court

HALL, Judge.

A corporation cannot itself take an oath. Coffee v. McCaskey Register Co., 7 Ga.App. 425, 429, 66 S.E. 1032. When an affidavit on behalf of a corporation is required, it must be a personal affidavit by an officer or agent, who must himself swear for the corporation. Bank of Dearing v. Howard, 44 Ga.App. 663, 162 S.E. 644. In this State an affidavit must be signed by the affiant. Miller v. Caraker, 9 Ga.App. 255, 256, 71 S.E. 9.

The purported affidavit, or motion to open default, in this case, signed 'Midland National Insurance Company, By /s/ W. C. Dusenberg. W. C. Dusenberg Attorney in fact,' with a purported jurat attached, stating that W. C. Dusenberg swore that the purported affidavit or motion of the defendant was true, and signed by a notary public but not by W. C.Dusenberg, did not authorize the court to open the default as provided by the law governing the Civil Court of Fulton County (Ga.L.1913, p. 145, as amended by Ga.L.1918, pp. 348, 351).

Accordingly, the order of the trial court opening the default upon the purported affidavit of the defendant corporation was error and all further proceedings in the case were nugatory.

Judgment reversed.

FELTON, C. J., and BELL, J., concur.