When verbal appointment authorized.

- Under this section, any person, in the prosecution of the person's legal remedies may appoint verbally an agent to act for the person therein, unless it is apparent that the agent cannot make the affidavit required by law, i.e., cannot conscientiously depose to the same facts to which the principal could, or where the Code provides elsewhere that the appointment shall be in writing. Cook v. Buchanan, 86 Ga. 760, 13 S.E. 83 (1891).

Agent may verify application for ne exeat.

- Under this section, an agent may verify the application for a ne exeat, provided the agent can, of the agent's own knowledge, state the facts as positively and distinctly as is required of the complainant personally. Orme v. McPherson, 36 Ga. 571 (1867).

Execution of forthcoming bond.

- Under this section, an agent interposing a claim in behalf of the agent's principal may execute the forthcoming bond required by statute whether the agency is created in writing or by parol. This section supplies the legislative authority which was wanting when the case of Gilmer v. Allen, 9 Ga. 208 (1850), was decided. Head v. Woods, 92 Ga. 548, 17 S.E. 928 (1893); United States Fid. & Guar. Co. v. Murphy, 4 Ga. App. 13, 60 S.E. 831 (1908).

Affidavit of illegality of execution without written appointment.

- Under this section, an agent may make an affidavit of illegality when an execution has been issued and levied, and it is not necessary that the agency should be created in writing. Cook v. Buchanan, 86 Ga. 760, 13 S.E. 83 (1891).

Agent cannot interpose claim upon pauper's affidavit.

- Claim can be interposed under former Code 1887, § 3733 upon an affidavit in forma pauperis made by the claimant personally, but not under former Code 1882, § 2202 upon a like affidavit made by the claimant's agent. Hadden v. Larned, 83 Ga. 636, 10 S.E. 278 (1889).

Agent cannot enter appeal when not authorized in writing.

- Agent created by parol under former Code 1882, § 2207 cannot enter an appeal because former Code 1882, § 3615 expressly required that if an agent enters an appeal, the agent must be authorized in writing and the writing filed in the court in which the case is pending. Cook v. Buchanan, 86 Ga. 760, 13 S.E. 83 (1891).

Action in agent's own name not authorized.

- If the claim of right to a private way is founded upon an uninterrupted use of the way for more than seven years by the owners of a certain plantation, their agents, servants, and tenants, the right is not in the agents or servants themselves, but in the owners who alone are the persons injured by an unlawful obstruction of the way, as against agents and servants, in violation of the right. While their agent, by virtue of former Code 1882, § 2207, may commence and carry on a proceeding in their names to remove such obstruction, under former Code 1882, §§ 738, 739, and 740, the agent cannot institute and carry on a proceeding for that purpose in the agent's own name, either individually or as an agent. Cunningham v. Elliott, 92 Ga. 159, 18 S.E. 365 (1893).

Local special agent without authority to bind surety company by renewal certificate.

- Power of a local agent to bind the agent's surety company by a renewal certificate, contrary to the express terms of the indemnity bond itself, was not within the real or the apparent authority of the local special agent. National Sur. Co. v. Moore, 42 Ga. App. 582, 157 S.E. 108 (1930).

Cited in Georgia Fla. & Ala. Ry. v. Sizer & Co., 121 Ga. 801, 49 S.E. 737 (1905).

Am. Jur. 2d.

- 3 Am. Jur. 2d, Agency, §§ 2, 64 et seq., 83 et seq., 157 et seq., 186 et seq.

C.J.S.

- 2A C.J.S., Agency, § 4.

ALR.

- Agent's authority to execute warrant of attorney to confess judgment against principal, 92 A.L.R.2d 952.