Williams v. Riel & Granger
The Superior Court of New York City
The defendant, Riel, moves to set aside a judgment, which has been entered against him, for irregularity. An unverified answer was served on plaintiff’s attorney, within twenty days after service of the summons. He returned it, with a notice in writing that he refused to receive it, because it was not verified. After twenty days from the service of the summons, the plaintiff entered up judgment, as foy want of an answer.
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The defendant, Riel, moves to set aside a judgment, which has been entered against him, for irregularity. An unverified answer was served on plaintiff’s attorney, within twenty days after service of the summons. He returned it, with a notice in writing that he refused to receive it, because it was not verified. After twenty days from the service of the summons, the plaintiff entered up judgment, as foy want of an answer. The defendant insists, that the verification of the complaint was so defective, that he had a right to treat the complaint as an unverified pleading, and to serve an…
1Opinion of the Court
Bosworth, Justice.
The Code requires that the affidavit, verifying a pleading, shall “ he to the effect, that the same is true to the knowledge of the person making it, except as to those matters stated on information and belief, and as to those matters he believes it to be true.”
The affidavit in this case does not state that the person making it has any knowledge, whether the complaint is true or not.
The Code is not satisfied with an affidavit which states that a pleading is true, and states only that. It must also state that the person making it knows every averment in it to be true, except…
2Cases cited1 opinion
- Calkins v. Williams & BrandNew York Supreme Court · 1850
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