Tausend v. Levy

The summons in this case was served without any complaint. Upon the return of the summons oral pleadings were indorsed upon the record, and to the complaint the defendant interposed a demurrer, which was sustained, with leave to the plaintiff to plead over. The plaintiff thereupon filed a written verified complaint, and the defendant filed an unverified answer containing a general denial. Thereupon, against the objection of the defendant, the court gave a judgment in favor of the plaintiff upon his verified complaint.

This was error. The plaintiff should have been put to his proof. Unless a…