Clark's Cove Fertilizer Co. v. Stever
New York County Courts
Appeal by the defendant from a judgment entered against him in Justice’s Court, upon his failure to appear upon a verified complaint served with the summons.
1Opinion of the CourtLongley, J.
Defendant asks to have the judgment reversed upon the ground that the complaint served was not in due form as a verified complaint, under the requirements of the statute (Laws of 1881, chap. 414, as amended by Laws of 1889, chap. 472), regulating the service of a verified complaint in Justice’s Courts.
It is claimed that the complaint is fatally defective in two particulars:
*572First, because the complaint was not “ subscribed by the plaintiff or his agent,” as the statute requires.
Second, because the complaint was not verified in any oí the ways prescribed by the Code for the verification of a…
2Cases cited1 opinion
- Barrett v. JoslynnThe Superior Court of New York City · 1894
3Cited by3 opinions
- Hood v. StateNew York Court of Claims · 1920
- Texas & P. Ry. Co. v. Chatwin Bros.Supreme Court of Louisiana · 1914
- Updegraff v. AdamsIdaho Supreme Court · 1946