Legal Opinion

Tibballs v. Selfridge

New York Supreme Court

Decided January 15, 1856PublishedCited by 2 opinions

Motion to strike out answer of defendant, Delia Selfridge, because not verified. Defendant claims- 1. That verification of the complaint is not regular; and answer need not be verified. 2. That a motion to strike out an answer could not be entertained for such a cause; as the plaintiff’s remedy (if his verification were sufficient) was to disregard the answer, return it, and enter judgment. 8. If the motion be otherwise proper, it is too late; it should have been made the…

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Motion to strike out answer of defendant, Delia Selfridge, because not verified. Defendant claims- 1. That verification of the complaint is not regular; and answer need not be verified. 2. That a motion to strike out an answer could not be entertained for such a cause; as the plaintiff’s remedy (if his verification were sufficient) was to disregard the answer, return it, and enter judgment. 8. If the motion be otherwise proper, it is too late; it should have been made the first term that it could be, December Special Term. The form of the verification of the complaint is— “ A. B. being duly…

1Opinion of the Court

Gould, Justice.

In this case there is found full illustration of having a settled rule of action, even in matters of mere form. The 157th section of the Code says, a pleading must be verified, as “ true to the knowledge of the person making it, except,” &c. And decisions are produced as to verifications shunning (as if purposely) the simple, direct words of this section, in a variety of ways; from merely omitting the words, “ to the knowledge,” to evasive and half evasive paraphrases of them. I can see no good reason why the courts should not require a compliance with the section, so full as…

2Cited by2 opinions

  1. Knowles v. FritzWisconsin Supreme Court · 1883
  2. Cherry v. FoleyNew York Court of Common Pleas · 1892

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