Fellows v. President of Menasha

By the Court,

Paine, J.

In this case the complaint was served, and purported to have been sworn to before the county judge of Steuben county, New York. An answer was serv*559ed without verification, which was immediately returned by the plaintiff’s attorney, who then, the time for answering having expired, moved for judgment, for want of an answer, and moved also to strike out the answer. These two motions seem somewhat inconsistent. But they were both overruled, among others, for the reason that the complaint itself was not verified, and the plaintiff appealed from both orders. We think this…