Authority to attest affidavits.

- At one time there appears to have been doubt as to the power of notaries to attest affidavits in this state. It was removed by the Act of 1863, codified in this section. That statute, however, was properly in part declaratory of a power already recognized. Simpson v. Wicker, 120 Ga. 418, 47 S.E. 965, 1 Ann. Cas. 542 (1904).

An affidavit to require bail in trover may be made before a notary public. Jowers v. Blandy, 58 Ga. 379 (1877).

An affidavit is sufficient as a basis for framing an accusation in a criminal court, although made before a commercial notary public; the question remains, however, whether such an affidavit would furnish a sufficient foundation for the issuance of an arrest warrant. Mitchell v. State, 126 Ga. 84, 54 S.E. 931 (1906).

Notaries public do not have authority to administer the oath required for an affidavit on which a dispossessory warrant is issued. Young v. Cowles, 128 Ga. App. 770, 197 S.E.2d 864 (1973).

Action not requiring a seal.

- In attesting an affidavit in forma pauperis, accompanying a bill of exceptions, a notary public need not fix a seal, since it is not such a material act, under this section, as requires a seal for its authentication. Collins v. State, 206 Ga. 95, 55 S.E.2d 599 (1949).

Notary also signing will as witness.

- It was error to grant summary judgment to a caveator in a will contest in which the first of three witnesses signed both as a witness and as a notary. Even if the first witness did not intend to act as a witness, if the first witness and a second witness signed the will in the decedent's presence, then O.C.G.A. § 53-4-20(b), requiring two witnesses, was satisfied even if a third witness signed outside the decedent's presence; furthermore, although O.C.G.A. § 45-17-8(c)(1) disqualified a witness from also acting as a notary, the first witness's disqualification as a notary was immaterial because the will was not a self-proving one requiring a notary. Land v. Burkhalter, 283 Ga. 54, 656 S.E.2d 834 (2008).

Conflict of interest disqualifies notaries.

- Having established themselves as active officers and spokespersons for a recall effort, notaries public became more than generally interested electors. Hence, any recall petition pages with affidavits notarized by the notaries or either of them were properly disregarded. Howell v. Tidwell, 258 Ga. 246, 368 S.E.2d 311 (1988).

A notary who circulated part of a nominating petition and also signed the petition was disqualified from notarizing circulators' affidavits on the petition, and it was proper to disqualify those pages with affidavits notarized by such person. Poppell v. Lanier, 264 Ga. App. 473, 448 S.E.2d 194 (1994).

Disqualification of notary.

- An affidavit, probating a mortgage, taken before the attorney of the mortgagee, who is a notary public, is not a legal affidavit, and a mortgage recorded on such probate is not legally recorded. Nichols v. Hampton, 46 Ga. 253 (1872).

No private civil cause of action.

- Bank did not have a viable civil cause of action under the notary statute against an attorney who allegedly falsely attested that guarantee agreements were signed in the attorney's presence as, even when combined with the general statutory principles of tort law, notaries had a duty to the public that did not support an actionable claim. Branch Banking & Trust Co. v. Morrisroe, 323 Ga. App. 248, 746 S.E.2d 859 (2013).

Cited in Dalton City Co. v. Haddock, 54 Ga. 584 (1875); Wright v. Davis, 120 Ga. 670, 48 S.E. 170 (1904); Shuler v. State, 125 Ga. 778, 54 S.E. 689 (1906); Singletary v. Watson, 136 Ga. 241, 71 S.E. 162 (1911); Peters v. Hyatt Legal Servs., 211 Ga. App. 587, 440 S.E.2d 222 (1993); Lewy v. Beazley, 270 Ga. 11, 507 S.E.2d 721 (1998); Sambor v. Kelley, 271 Ga. 133, 518 S.E.2d 120 (1999).

ALR.

- Proof of identity upon which officer certifying to an acknowledgment is justified in acting, 10 A.L.R. 871.

Right of notary who protests paper to change or contradict his certificate, 28 A.L.R. 543.

Sufficiency of certificate of acknowledgment, 29 A.L.R. 919.

Measure of damages for false or incomplete certificate by notary public, 13 A.L.R.3d 1039.

Disqualification of attorney, otherwise qualified, to take oath or acknowledgment from client, 21 A.L.R.3d 483.

Admissibility, in action against notary public, of evidence as to usual business practice of notary public of identifying person seeking certificate of acknowledgment, 59 A.L.R.3d 1327.