Banks v. Gay Manufacturing Co.
Supreme Court of North Carolina
Civil action, for damages for malicious prosecution, tried before Whitaker, J., at Spring Term, 1890, Gates County Superior Court. When the case was called for trial, the defendant offered to file an answer to the verified complaint, to which plaintiff objected because of defective verification. It was admitted that the defendant was a corporation, and that C. W. Dennis was an agent, but not an officer of the same.
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Civil action, for damages for malicious prosecution, tried before Whitaker, J., at Spring Term, 1890, Gates County Superior Court. When the case was called for trial, the defendant offered to file an answer to the verified complaint, to which plaintiff objected because of defective verification. It was admitted that the defendant was a corporation, and that C. W. Dennis was an agent, but not an officer of the same. The verification was as follows: “ O. W. Dennis, agent for the said Gay Manufacturing Company, being duly sworn, maketh oath that the facts stated in the above answer are true of…
1Opinion of the Court
Clark, J.:
The Code, § 258, prescribes, “ when a corporation is a party, the verification may be made by any officer thereof.” The answer of the defendant company is sworn to by an agent merely, and his Honor rightly held that the answer was not verified. The Code, § 217, permits a summons against a corporation to be served on an agent, but this was not extended to verification of pleadings by the corporation. There is an evident reason for the difference. Besides, if the answer of a corporation could be verified by an agent, the affidavit is not sufficient, in that it does not set forth “ his…
2Cases cited3 opinions
- State v. . LindseySupreme Court of North Carolina · 1878
- State v. . ScottSupreme Court of North Carolina · 1879
- Commercial National Bank of Charlotte v. HutchisonSupreme Court of North Carolina · 1882
3Cited by18 opinions
- State v. . SaulsSupreme Court of North Carolina · 1925
- Dehoff v. . BlackSupreme Court of North Carolina · 1934
- Griffin v. Asheville Light Co.Supreme Court of North Carolina · 1892
- State v. Dewey.Supreme Court of North Carolina · 1905
- Miller v. . CurlSupreme Court of North Carolina · 1913
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