Lane & Laing v. Morse & Studley
New York Supreme Court
The affidavit verifying the plaintiffs’ complaint, purported to have been made before F. L. Durand, commissioner of deeds. There was no venue to the affidavit, and nothing upon its face to show where it was taken, nor of what place or county Durand was a commissioner. The defendants’ attorneys served their answer without its being verified which the plaintiffs’ attorney refused to receive, and proceeded to enter up judgment as though no answer had been served.
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The affidavit verifying the plaintiffs’ complaint, purported to have been made before F. L. Durand, commissioner of deeds. There was no venue to the affidavit, and nothing upon its face to show where it was taken, nor of what place or county Durand was a commissioner. The defendants’ attorneys served their answer without its being verified which the plaintiffs’ attorney refused to receive, and proceeded to enter up judgment as though no answer had been served. The motion was to set aside the judgment for irregularity, upon the ground that the complaint was not verified in such a manner as to…
1Opinion of the Court
Johnson, Justice.
The venue is an essential part of every affidavit. It is prima facie evidence of the place where it was taken (Belden vs. Devoe, 12 Wend. 225, note; 3 Hill, 461). An affidavit should show upon its face that it was made before some officer competent to take affidavits, and within some place where he was authorized by law to administer an oath. This, at least, would seem to be necessary to show a legal verification. .
For aught that appears, this affidavit was made in Canada, or in some other state, where the oath administered .was extra judicial and void. No presumption arises…
2Cited by12 opinions
- Rogers v. . PellNew York Court of Appeals · 1898
- Cook v. StaatsNew York Supreme Court · 1854
- T. W. Barhydt & Co. v. G. N. Alexander & Co.Missouri Court of Appeals · 1894
- People ex rel. Mosher v. StowellNew York Supreme Court · 1879
- Saril v. PayneNew York Court of Common Pleas · 1889
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