Fawcett v. . Vary

This appeal must be dismissed with costs. The only question presented is, whether, when the affidavit, showing that no answer or demurrer has been served by the defendant, filed with the clerk, was regularly sworn to before a proper officer, who through some oversight neglected to sign the jurat, which omission the attorney and clerk failed to discover until some time after the entry of judgment, the court has power to permit an amendment by directing the officer to sign nunc protunc as of the day the affidavit was actually sworn before him. If the court had the power, it was in its…