American Book Co. v. Watson
New York County Courts
This is an appeal from a judgment rendered by E. S. Williams, a justice of the peace of the town of Kirkland, ón the 7th day of May, 1897, for $41.95 damages and costs in favor of plaintiff and against defendant. Plaintiff sought to commence the action by the service of a summons and verified complaint. The affidavit of verification contained no'venue.
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This is an appeal from a judgment rendered by E. S. Williams, a justice of the peace of the town of Kirkland, ón the 7th day of May, 1897, for $41.95 damages and costs in favor of plaintiff and against defendant. Plaintiff sought to commence the action by the service of a summons and verified complaint. The affidavit of verification contained no'venue. Upon the return day of the summons defendant appeared and filed with the justice an unverified answer denying the allegations of the complaint. Plaintiff objected to the answer because the same was unverified, and asked that judgment be entered…
1Opinion of the CourtDurmore, J.
The affidavit of verification of the complaint contained no venue, and was, therefore, a nullity. Lane v. Morse, 6 How. Pr. 394; Thompson v. Burhans, 61 N. Y. 52, 63; Cook v. Staats, 18 Barb. 407.
The complaint was consequently unverified and the defendant ,had the right to file an unverified answer. Upon filing the answer issue was joined in the action and plaintiff had no right to enter judgment excepting upon proof of the facts alleged in the complaint. Defendant had the right to try the issue made. Plaintiff asks upon this appeal to be permitted to amend the verification pursuant to…
2Cases cited3 opinions
- Thompson v. . BurhansNew York Court of Appeals · 1874
- Lane & Laing v. Morse & StudleyNew York Supreme Court · 1852
- Cook v. StaatsNew York Supreme Court · 1854