This appeal arises from the grant of a writ of possession and a default judgment. Appellants' sole enumeration of error attacks the validity of appellee's affidavit under Code 61-301. We affirm.
1. The subject affidavit was sworn to and subscribed before a notary public although Code 61-301 requires that the oath be made "before the judge of the superior court or any justice of the peace . . ." Nonetheless, a summons was issued. Appellants, however, made no answer to the resulting summons within the time allotted, nor did they seek to reopen the default as a matter of right. See Code 61-302 and 61-303. "If there was a defect in verification or lack thereof, it was an amendable one, waived by failure timely to object . . ." American Liberty Ins. Co. v. Sanders, 120 Ga. App. 202
, 207 (170 SE2d 249
) (1969), reversed on other grounds Sanders v. American Liberty Ins. Co., 225 Ga. 796 (171 SE2d 539) (1969)
; see Mellon Bank v. Coppage, 243 Ga. 219 (253 SE2d 202) (1979)
; Cobb v. McCrary, 152 Ga. App. 212 (262 SE2d 538) (1979)
. Therefore, appellants' enumeration of error is without merit.
2. Notwithstanding appellants' suggestion upon the record, we decline to stay this proceeding pending a resolution of their intervening bankruptcy petition. See North Peachtree &c. Ltd. v. Hicks, 136 Ga. App. 426 (5) (221 SE2d 607) (1975)
Frank H. Jones, William W. Byington, Jr., for appellee.