Finley v. West
Missouri Court of Appeals
Appeal from the Clay Circuit Court. — Hon. D. C. Allen, Special Judge. (1) The statute does not require an affidavit; it -only demands the statement shall be verified by oath. Laswell v. Church, 46 Mo. 279. (2) The oath was made, and that was all plaintiff was required to do.
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Appeal from the Clay Circuit Court. — Hon. D. C. Allen, Special Judge. (1) The statute does not require an affidavit; it -only demands the statement shall be verified by oath. Laswell v. Church, 46 Mo. 279. (2) The oath was made, and that was all plaintiff was required to do. The failure of the notary to attach a proper certificate -of that fact does not, and should not, deprive plaintiff from showing at the trial, by parol evidence, the oath was made before the paper was filed in the clerk’s office. 46 Mo., supra; Bergesch v. Keeville, 19 Mo. 127; Phillip on Mechanics’ Liens [2 Ed.] sec.…
1Opinion of the CourtEllison, J.
This is an action to enforce a mechanics’ lien. On account of the trial court ruling that the affidavit to the lien paper was insufficient, plaintiff was compelled to suffer a nonsuit. Failing in his effort to have the same set aside he brings the case here. The affidavit was made by plaintiff’s attorney and agent. It is as follows: ■
“State of Missouri, “County of Clay.
“J. E. Lincoln, agent and attorney for B. P. Finley, being duly sworn, on his oath says that he believes the foregoing is a just and true account, etc.
“(Signed) _ James E. Lincoln.
“Subscribed and sworn to before me this sixth…
2Cases cited1 opinion
- Laswell v. Presbyterian Church of Jefferson CitySupreme Court of Missouri · 1870
3Cited by7 opinions
- Fidelity Insurance, Trust & Safe-Deposit Co. v. Roanoke Iron Co.U.S. Circuit Court for the District of Western Virginia · 1896
- Chapman v. BrewerNebraska Supreme Court · 1895
- Crane Co. v. Epworth Hotel Construction & Real Estate Co.Missouri Court of Appeals · 1906
- Lyons v. HowardNew Mexico Supreme Court · 1911
- Wise v. YunkerMichigan Supreme Court · 1923
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