McNair v. . Yarboro
Supreme Court of North Carolina
MotioN to set aside judgment by default final, beard on appeal from clerk before Kerr, J., at March Term, 1923, of EdgecoMbe.
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MotioN to set aside judgment by default final, beard on appeal from clerk before Kerr, J., at March Term, 1923, of EdgecoMbe. On the hearing it was made to appear that the summons in an action for a moneyed demand for a sum certain was issued from clerk’s office on 8 February, 1923; that the same, together with a copy of complaint, purporting to be verified, was served on defendant on 10 February, the verification being in form as follows: “A. W. McNair, being duly sworn, deposes and says that the statements contained in the foregoing complaint are true, to the best of his knowledge,…
1Opinion of the CourtHoice, J.
The statute establishing a proper form for verification of pleadings (C. S., sec. 529) requires a statement by affidavit in substance and effect that “the facts set forth in the designated pleading are true, except as to those matters stated on information and belief, and as to those matters he believes them to be true.” And it has been held in various decisions construing the section that the attempted verification in the present instance is not a sufficient compliance. Carrol v. McMillan, 133 N. C., 140; Cowles v. Hardin et al., 79 N. C., 577.
This being true, our legislation is to the…
2Cases cited6 opinions
- Becton v. Dunn.Supreme Court of North Carolina · 1905
- Miller v. . CurlSupreme Court of North Carolina · 1913
- Patrick v. . DunnSupreme Court of North Carolina · 1913
- Cowles v. . HardinSupreme Court of North Carolina · 1878
- Carroll v. McMillan.Supreme Court of North Carolina · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Aldridge v. Greensboro Fire InsuranceSupreme Court of North Carolina · 1927
- Harmon v. HarmonSupreme Court of North Carolina · 1956
- Dunn v. . JonesSupreme Court of North Carolina · 1928
- Burton v. SmithSupreme Court of North Carolina · 1926
- Howard v. . HinsonSupreme Court of North Carolina · 1926
12 more not listed; retrieve them via the Exa API.