Hecht & Co. v. Friesleben

Some importance attaches to this case as it relates to a question of practice. As I understand, the opinion declares that an agent or attorney can verify a complaint or defence only in two cases: (1) When the action is founded on a written instrument in his possession ; and (2) When all the material allegations of the pleading are within his personal knowledge. If this be so, the absence of the party from the State is no ground to allow the verification by another; *187and it need not be stated as one of “the reasons why it was not made by the party.” This is certainly contrary to the practice in…