Thauer v. Gaebler

Defendants’ first contention is that plaintiff’s allegations as to some material facts should not be considered because such allegations are accompanied by the words “as plaintiff verily believes,” instead of alleging the existence of such facts positively and unqualifiedly as facts within plaintiff’s knowledge, or, at least, upon information and belief.

The verification to the complaint is to the effect prescribed by sec. 263.25, Stats. Under that section, facts are *298to be alleged directly or positively, because true to the knowledge of the party verifying, or they are to be stated on…