Wilson v. Barnard

1. The amendment to the answer, although filed after the time for answering had expired, was properly verified as required by section 5640 of the Civil Code (1910), and there was no error in allowing it. Besides, the amendment set up no defense that was not substantially made by the original answer.

2. Under the plea of non est factum to a suit on a note, the defendant may deny either the execution of the note by him altogether, or its exeeu*99tion by him in its present shape; ancl proof of either allegation would sustain the plea, provided, in ease of alteration, the change was material. Civil…