Sanchez v. Gestera de Ubarri

Hamiltow, Judge,

delivered the following opinion:

1. TJpon the argument it was confessed that the verification of the' petition was improper, in that it was made by the petitioner before his attorney. Administering an oath is a quasi judicial matter, and the ordinary rule, applies that a person in interest cannot act. Note in 95 Am. Dec. 378; Jarvis-Conklin Mortg. Trust Co. v. Willhoit, 84 Fed. 515. The amended petition, however, has now been verified before another official, and so the point is taken out of the’case.

2. The demurrer as refiled raises the question of proper allegations in a…