Van Horne v. Hines

LETTS, Justice. •

The plaintiff made a request under Rule 36, 28 U.S.C.A. following section 723c, asking the defendant to admit the truth of various matters of fact specified. The defendant has served upon the plaintiff a sworn statement admitting in part and denying in part the truth of the matters set out in the request. Such sworn statement was signed by an Assistant United States Attorney of counsel in the case.

Plaintiff complains and moves to strike the sworn statement, contending that the rule requires that the sworn statement shall be signed by the defendant or someone having personal…