Alspaugh v. . Winstead
Supreme Court of North Carolina
Motion for judgment for want of an answer, heard at Spring Term, 1878, of Forsythe Superior Court, before Buxton, J. The plaintiff filed his complaint at the appearance term with a verification in the following words : J. W. Alspaugh being duly sworn, says, that the facts set forth in the foregoing complaint of his own knowledge are true, except as to those matters stated upon information and belief, and as to those matters, he believes it to be true.
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Motion for judgment for want of an answer, heard at Spring Term, 1878, of Forsythe Superior Court, before Buxton, J. The plaintiff filed his complaint at the appearance term with a verification in the following words : J. W. Alspaugh being duly sworn, says, that the facts set forth in the foregoing complaint of his own knowledge are true, except as to those matters stated upon information and belief, and as to those matters, he believes it to be true. (Signed) J. W. Alspaugh. Sworn to and subscribed before me, this 15th day of May, 1878. (Signed) C. S. Hauser, C. S. C. The defendants filed…
1Opinion of the CourtSmith, C. J.
(After stating the case as above.) The only question before us is as to the form of the verification to the complaint, and its compliance with the requirements of the Code: — The complaint shall contain a plain and concise statement of the facts constituting a cause of action, without unnecessary repetition, and each material allegation shall be distinctly numbered. C. C. P., § 93(2). The verification must be to the effect that the same (the pleading) is true to the knowledge of the person making it, except as to those matters stated on information and belief, and as to those matters, he…
2Cited by14 opinions
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- R. R. Connection CaseSupreme Court of North Carolina · 1904
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