Endicott v. Ogletree

The substance of the plaintiff’s attack upon the defendant’s answer and cross-action as being subject to the plaintiff’s demurrers and motion to strike was that they were not verified, and that, the petition having been verified, a verified answer was required. “In all cases where the plaintiff shall file a petition with an affidavit attached that the facts stated in the petition are true to the best of his knowledge and belief, the defendant shall in like manner verify any plea or answer.” Code § 81-401. While the plaintiff’s petition was not such as required verification, when he did swear…