Levy & Co. v. Wilson
Supreme Court of Iowa
Appeal from Linn District Court. This is an action on account for goods sold. The verification to the petition being defective, a motion to strike the answer from the files for want of verification was overruled. Plaintiffs took leave to amend the petition, and on the 25th day of October, 1875, an amendment was filed consisting of an affidavit of verification made by one of the plaintiffs to the suit.
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Appeal from Linn District Court. This is an action on account for goods sold. The verification to the petition being defective, a motion to strike the answer from the files for want of verification was overruled. Plaintiffs took leave to amend the petition, and on the 25th day of October, 1875, an amendment was filed consisting of an affidavit of verification made by one of the plaintiffs to the suit. The affidavit was made on the last page of the petition after the formal parts of the petition and accounts attached. It is in the following form: “ I, Joseph D. Levy, one of the firm of said…
1Opinion of the Court
Rothrock, J., . verification. I. The only question made by this appeal is, that the affidavit of Joseph D. Levy and the jurat of the officer before whom it was taken is insufficient as a verification to the petition. It is first insisted that the affidavit does not show the title of the suit, nor that affiant is one of the parties to the suit. These objections are based on the affidavit alone, without reference to the petition to which it was attached. It was on the last page of the petition and it refers to “ the foregoing petition.” It will therefore be presumed that the petition and…
2Cited by1 opinion
- Goodnow v. LitchfieldSupreme Court of Iowa · 1885