Clapper v. Fitzpatrick
New York Supreme Court
The action in this case was commenced under the code by summons and complaint. The cause of action set forth in the complaint is an assault and battery committed by the Defendants upon the Plaintiff while in the discharge of his duty as a constable. The Defendants served upon the Plaintiff’s attorney an answer, but omitted to verify it. The Plaintiff now moves for the relief demanded in the complaint and for an order that his damages be assessed by a jury.
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The action in this case was commenced under the code by summons and complaint. The cause of action set forth in the complaint is an assault and battery committed by the Defendants upon the Plaintiff while in the discharge of his duty as a constable. The Defendants served upon the Plaintiff’s attorney an answer, but omitted to verify it. The Plaintiff now moves for the relief demanded in the complaint and for an order that his damages be assessed by a jury. The motion is resisted on the ground that the Defendants were not bound to verify their answer.
1Opinion of the Court
Harris, Justice.
By the last clause of the 133d section of the code it is provided that no pleading, verified as in that section required, shall be used in a criminal prosecution against the party as proof of a fact admitted or alleged in such pleading. It is supposed by the counsel for the Plaintiff that this clause qualifies the next preceding clause in the section which provides that the verification of a pleading may be omitted when the party would be privileged from testifying as a witness to the same matter; and it is urged that inasmuch as no pleading can be used against a party in a…
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- John Manners & Co. v. SohnenNew York Supreme Court · 1954
- Frist v. ClimmCity of New York Municipal Court · 1884
- Travelers Insurance v. MulliganAppellate Division of the Supreme Court of the State of New York · 1931
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