Reilly v. Powell
Missouri Court of Appeals
Appeal from, the Jackson Circuit Court. — Hon. Turner A. Gill, Judge. Affidavit is insufficient by stating “ affiant says complaint is true in substance.” We are not informed what affiant regarded as “substance,” hence, cannot know what he intends to verify and what not. Remington Co. v. Cushen, 8 Mo. App. 528 ; Crawshaw v. Wright, 5 Mo. App. 577; Cunningham v. Goelet, 4 Denio, 71 ; Fxparte Bank, 7 Hill, 177. Affidavit is jurisdictional in this kind of action.
Read the full summary
Appeal from, the Jackson Circuit Court. — Hon. Turner A. Gill, Judge. Affidavit is insufficient by stating “ affiant says complaint is true in substance.” We are not informed what affiant regarded as “substance,” hence, cannot know what he intends to verify and what not. Remington Co. v. Cushen, 8 Mo. App. 528 ; Crawshaw v. Wright, 5 Mo. App. 577; Cunningham v. Goelet, 4 Denio, 71 ; Fxparte Bank, 7 Hill, 177. Affidavit is jurisdictional in this kind of action. Fletcher v. Keyte, 66 Mo. 285. Jurisdiction cannot be presumed in this action in favor of judgment of circuit court. Gideon v. Hughes,…
1Opinion of the CourtEllison, J.
This action is unlawful detainer. The-affidavit to the complaint is made by plaintiffs agent, who “ on his oath says that the foregoing complaint is true in substance”’ Objection is made that the affidavit-is insufficient by reason of being qualified by the words- “ in substance.” We think the objection is well taken. There is no necessity for experiments in matters of this *433nature, especially when they are jurisdictional. The affiant swears that the matters, which he conceives to be of substance in the complaint, are true.
Those matters which he may think are not of substance are not sworn to.…
2Cases cited1 opinion
- Fletcher v. KeyteSupreme Court of Missouri · 1877
3Cited by4 opinions
- Tegler v. MitchellMissouri Court of Appeals · 1891
- Wiltshire v. TriplettMissouri Court of Appeals · 1897
- Ver Steeg v. Becker-Moore Paint Co.Missouri Court of Appeals · 1904
- Snyder v. ParkerMissouri Court of Appeals · 1898