Miller v. . Curl
Supreme Court of North Carolina
Appeal by defendant from Cook, J., at February Term, 1912, Of GRANVILLE. This is an action brought to February' Term, 1912, upon a note. The complaint was verified by the attorney of the plain-, tiff as follows: “That tbe facts set forth in the foregoing complaint as of his own knowledge are true, and that those stated on information and belief he believes to be true.
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Appeal by defendant from Cook, J., at February Term, 1912, Of GRANVILLE. This is an action brought to February' Term, 1912, upon a note. The complaint was verified by the attorney of the plain-, tiff as follows: “That tbe facts set forth in the foregoing complaint as of his own knowledge are true, and that those stated on information and belief he believes to be true. Deponent further says: That this action is based on a written instrument for the payment of money, and that said instrument is in his possession, and he therefore makes this verification pursuant to the provisions of section 490…
1Opinion of the Court
"Walker, J.,
after stating tbe case: Tbe statute requires that tbe verification shall state, in substance, that tbe pleading itself, in its entirety, is true to tbe knowledge of tbe person making it, except as to matters therein stated on information and belief, and as to those matters, be believes it to be true. This is so where a party to tbe proceeding makes tbe verification, but it may also be made by an agent or attorney, if tbe action or defense be founded upon a written instrument for tbe payment of money only, which is in tbe possession of tbe agent or attorney, or if all tbe material…
2Cases cited22 opinions
- Norton v. . McLaurinSupreme Court of North Carolina · 1899
- Jarman v. . SaundersSupreme Court of North Carolina · 1870
- Williamson v. . HartmanSupreme Court of North Carolina · 1885
- Currie v. Golconda Mining & Milling Co.Supreme Court of North Carolina · 1911
- Becton v. Dunn.Supreme Court of North Carolina · 1905
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3Cited by9 opinions
- Cahoon v. BrinkleySupreme Court of North Carolina · 1918
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- McNair v. . YarboroSupreme Court of North Carolina · 1923
- Beaufort Lumber Co. v. CottinghamSupreme Court of North Carolina · 1917
- Everett v. . ReynoldsSupreme Court of North Carolina · 1894
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