All affidavits, petitions, answers, defenses, or other proceedings required to be verified or sworn to under oath shall be held to be sufficient when the same are sworn to before any notary public, magistrate, judge of any court, or any other officer of the state or county where the oath is made who is authorized by the laws thereof to administer oaths. The oath if made outside this state shall have the same force and effect as if it had been made before an officer of this state authorized to administer the same. The official attestation of the officer before whom the oath or affidavit is made shall be prima-facie evidence of the official character of the officer and that he was authorized by law to administer oaths. However, this Code section shall not apply to such affidavits as may be expressly required by statute to be made before some particular officer within the state.
(Ga. L. 1853-54, p. 50, § 1; Code 1863, § 4108; Code 1868, § 4139; Ga. L. 1870, p. 415, §§ 1, 2; Code 1873, §§ 3450, 4198; Code 1882, §§ 3450, 4198; Civil Code 1895, §§ 5060, 5062; Ga. L. 1905, p. 103, § 1; Civil Code 1910, §§ 5643, 5645, 5646; Ga. L. 1913, p. 56, § 1; Code 1933, §§ 81-407, 81-408, 81-409; Ga. L. 1983, p. 884, § 4-1.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 61B Am. Jur. 2d, Pleading, §§ 845 et seq., 880 et seq.
C.J.S.- 71 C.J.S., Pleading, § 512.
ALR.
- Failure of affidavit for publication of summons to state the facts required by statute as subjecting the judgment to collateral attack, 25 A.L.R. 1258.