Dalbey Bros. Lumber Co. v. Crispin

(dissenting in part) — I respectfully dissent from Division I of the majority opinion.

Tunis v. Withrow, 10 Iowa 305, 308, 77 Am. Dec. 117, frequently cited with approval, holds an affidavit is not proved to have been made unless the jurat is authenticated by both seal and signature of the notary.

Francesconi v. Independent Sch. Dist., 204 Iowa 307, 312, 214 N. W. 882, 885, states:

"A verified claim is one supported by oath. Such is the universally accepted meaning of the term. ’ ’

It held a certification by the claimant was not a verification and denied the claim for a lien.

In McGillivray Bros.…