Duval v. Busch

Plaintiff moves, for final judgment on the defendant’s alleged failure to serve an amended answer.

The original pleadings were a verified complaint and a duly verified answer, served September 6, 1887. In February, 1888, plaintiff’s attorney (without procuring any order allowing it), transmitted an amended complaint to the defendant’s attorney herein, which was not verified. The want of verification of the same constituted no objection, however, as it was not a “subsequent pleading” within the meaning of section 523, Code Civil Procedure. Hempstead v. Hempstead, 7 How. Pr., 8.

It appeared upon…