Batterman v. Journal Co.

This is an action claiming damages for the publication of an alleged libel. Plaintiff duly served a verified complaint. Defendant on June 8, 1899, served an unverified answer thereto. On June 10, 1899, the plaintiff returned the answer with this statement: “ I herewith return to you the defendant’s answer in the above-entitled action on the ground that it is not verified,” signed by plaintiff and dated “ May 9th, 1899,” which must have been an error for June 9, 1899.

Motion is now made to compel the plaintiff to receive the defendant’s answer or that such answer may stand as the answer in the…