Fawcett v. Vary
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, affirming an order of Special Term allowing an amendment, nunc pro tunc, of the judgment roll herein by adding the signature of a notary public to the jurat to an affidavit therein. The judgment was by default.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, affirming an order of Special Term allowing an amendment, nunc pro tunc, of the judgment roll herein by adding the signature of a notary public to the jurat to an affidavit therein. The judgment was by default. It appeared, by the moving papers, that the affidavit that the time for answering had expired and that no answer or demurrer had been served, was signed and duly sworn to by one of plaintiff’s attorneys before a notary public who accidentally omitted to sign his name to the jurat, and that the…
1Opinion of the CourtGrover, J.
This appeal must be dismissed with costs. The only question presented is, whether, when the affidavit,. *599showing 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 nuno pro tuno as of the day the affidavit was actually sworn before him. If the court had the power, it was in its…
2Cases cited3 opinions
- Lawton v. KielNew York Supreme Court · 1868
- Seaman v. DrakeNew York Supreme Court · 1803
- Dexter v. HooverNew York Supreme Court · 1824