Commercial National Bank of Charlotte v. Hutchison
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1882, of Mecklenburg Superior Court, before Graves, J. The only question presented in this case is as to the sufficiency of the verification of the complaint.
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Civil Action tried at Fall Term, 1882, of Mecklenburg Superior Court, before Graves, J. The only question presented in this case is as to the sufficiency of the verification of the complaint. It is as follows:. “ R. M. White maketh oath that the plaintiff is a corporation duly organized under the laws of the United States ; that he is an officer thereof, to-wit, the president; and that the facts herein set forth of his own ‘knowledge are true, those otherwise stated he believes to be true.” (Signed by R. M. White, and sworn to and subscribed before the clerk on the 31st of August, 1882.) The…
1Opinion of the CourtRuffin, J.
In Alspaugh v. Winstead, 79 N. C., 526, the form of the verification used was almost identical with that made use of in this case. No substantial difference can be perceived between the two. And in matters so purely technical, the court will not be astute in looking for distinctions. That then is an authority for sustaining the ruling in the court below, provided the complaint and verification had been the party’s own.
But it is further objected here, that the verification is by an officer of the plaintiff company,'and that it should go further and set forth “ his knowledge or the grounds of…
2Cases cited1 opinion
- Alspaugh v. . WinsteadSupreme Court of North Carolina · 1878
3Cited by5 opinions
- American Soda Fountain Co. v. StolzenbachSupreme Court of New Jersey · 1908
- Banks v. Gay Manufacturing Co.Supreme Court of North Carolina · 1891
- Harrison Construction Co. v. Greystone Hotel Co.West Virginia Supreme Court · 1925
- Clement v. Adams Bros.-Paynes Co.Supreme Court of Virginia · 1912
- International Seal Co. v. BeyerCourt of Appeals for the D.C. Circuit · 1909