Young v. Cowles

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 *772proceeding is void and the judgment appealed from must be reversed.