Boyce v. Dumars
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Clifford Boyce, from a judgment of the County Court of Chemung county in favor of the defendant, entered in the office of the clerk of the county of Chemung on the 9th day of March, 1906, pursuant to an order of said County Court entered on the 9th day of March, 1906, reversing a judgment of the City Court' of Elmira.
1Opinion of the Court
Smith, J.:
This action was brought in the City Court of Elmira. Defendant made default, and judgment was entered upon the complaint as a verified complaint without proof of the cause of action. The defendant appealed. The objection raised is that the complaint was not properly verified so as to authorize judgment without proof of the cause of action. The complaint is verified by the plaintiff’s attorney and is as follows: “ Samuel D. Aulls, being duly sworn, deposes and says that he is plaintiff’s attorney in this action; that he has read the foregoing complaint and knows the contents thereof…
2Cited by5 opinions
- Gamliali v. Tower of DavidCivil Court of the City of New York · 1978
- Geo. H. Storm & Co. v. G. Migliore & Sons, Inc.City of New York Municipal Court · 1927
- Fisch v. ChasonCivil Court of the City of New York · 1979
- In re the Estate of RossNew York Surrogate's Court · 1962
- Lee v. Revolving Airship Tower Co.Appellate Division of the Supreme Court of the State of New York · 1908