Endicott-Johnson Corp. v. . Schochet

The trial judge excluded the verified statement offered by plaintiff apparently upon the theory that it was not in the proper form. C. S., 1789, was'enacted for the purpose of facilitating the proof of claims specified in the statute. As an itemized verified statement of account is only an ex parte statement, the courts have held that the statute should be strictly construed. Nall v. Kelly, 169 N. C., 717, 86 S. E., 627. Furthermore, the person who verifies the account is to be treated as a witness pro tanto, and hence the verification must be made by a person who would be a competent witness…