Smith v. Ponath
Missouri Court of Appeals
Appeal from the St. Louis circuit court, Barclay, J. Verification of pleadings cannot be made before the attorney in the cause.— Wilhoulce v. Halle, 37 Gra. 678; Sawyers v. Lathrop, 9 Ark. 67; Nash’s PL & Pr. 99; Warner v. Warner, 11 Kan. 121; Taylor v. Hatch, 12 Johns. Rep. 340; Williard'v. Judd, 15 Johns. Her 531; Stevens v. Miller, 46 Mo. Rep. 404; Hloyd v. Rice, 28 Tex. 341; People v. Spalding, 2 P°ige Ch. Rep. 326; Gilmore v. Hunstead, 4 How.
Read the full summary
Appeal from the St. Louis circuit court, Barclay, J. Verification of pleadings cannot be made before the attorney in the cause.— Wilhoulce v. Halle, 37 Gra. 678; Sawyers v. Lathrop, 9 Ark. 67; Nash’s PL & Pr. 99; Warner v. Warner, 11 Kan. 121; Taylor v. Hatch, 12 Johns. Rep. 340; Williard'v. Judd, 15 Johns. Her 531; Stevens v. Miller, 46 Mo. Rep. 404; Hloyd v. Rice, 28 Tex. 341; People v. Spalding, 2 P°ige Ch. Rep. 326; Gilmore v. Hunstead, 4 How. Pr. .53; Den v. Geiger, 4 Halst. 225. The return of service of notice should have been verified by affidavit. — McDermead v. Russellr 41 111. 489;…
1Opinion of the CourtLewis, P. J.
The complaint in this case of unlawful detainer was sworn to by the plaintiff before one of his attorneys in the cause, who was a notary public. It is assigned for *263error, that an affidavit so taken and certified is contrary to public policy and void, wherefore the justice never acquired jurisdiction of the cause.
An examination of the numerous authorities cited for the appellant .leads easily to .the conclusion that, while the courts have in many cases declared that the administering of an oath to- his client by an attorney, in a course of procedure, was improper, as an abuse of the relations…
2Cases cited4 opinions
- Young v. YoungSupreme Court of Minnesota · 1871
- Payne, Huntington & Co. v. FlournoySupreme Court of Arkansas · 1874
- Gilmore v. HempsteadNew York Supreme Court · 1849
- Vary v. GodfreyNew York Supreme Court · 1827
3Cited by3 opinions
- Ramsay Motor Co. v. WilsonWyoming Supreme Court · 1934
- State ex rel. Taubman v. DavisMissouri Court of Appeals · 1918
- Horkey v. KendallNebraska Supreme Court · 1898