Whatley v. Macon & Northern Railway Co.

1. A pauper affidavit, or what purported to be one, was filed in the court below. It appeared to have been made in Aiken county, South Carolina, before the judge of probate of that county, but the official character of the person administering the oath was not authenticated. Under the act of 1870, the official attestation of such an officer to an answer, plea, or other defense would be prima facie evidence, in a court of this State, of his official character. Civil Code, § 5060. But this act only applies to the verification of such matters of defense as the law requires to be sworn to, and…