Mathis v. Ballard

Kellogg, J. A., J.

This action was brought under the provisions of the 'Code against the four defendants, next of kin of Allen Ballard, deceased, to recover a balance of $10.0 'alleged to be due upon the purchase price of certain real estate. A judgment of $25 and costs was demanded against each defendant separately.

An answer was interposed which denied, upon information and belief, certain allegations of the complaint and alleged, upon information and belief, the defense of payment.

The answer was returned by plaintiff’s attorney upon the ground that the verification was insufficient, “ in…