Boston Nat. Bank v. Armour
New York Supreme Court
Appeal from special term. New York county; George 0. Barrett, Justice. Action on notes by the Boston National Bank against Paul J. Armour and Charles W. Armour. Motion by defendants for an order directing the clerk to change a date in plaintiff’s sworn complaint so as to make it conform to the copy served, and praying for general relief. Motion denied, and defendants appeal.
1Opinion of the CourtVan Brunt, P. J.
It seems to us apparent that the court has no power to interpolate anything in an affidavit or sworn complaint. Such a proceeding would be falsifying the oath of the party swearing to the affidavit or pleading. It may he true that the plaintiff might be held to the pleading served, but such, obligation is to be enforced by another and very different method. The remedy necessarily must be, either to strike from the records the original complaint, upon the ground that no copy of that complaint has been served, or to set aside the service of the complaint upon the ground that no copy of the…
2Cited by2 opinions
- Weeks v. CoeAppellate Division of the Supreme Court of the State of New York · 1906
- Bartlett v. BunnNew York Supreme Court · 1889