Hinton v. Life Insurance
Supreme Court of North Carolina
Civil aotioN, tried before Mclver, J., at Fall Term, 1894, of PasquotaNK Superior Court. Upon the call of the case for trial, the plaintiff moved to strike out the answer of the defendant, because it was not verified according to the Statute, and also moved for judgment upon the complaint. The verification was made before the Clerk of the Hustings Court of Richmond, Ya.
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Civil aotioN, tried before Mclver, J., at Fall Term, 1894, of PasquotaNK Superior Court. Upon the call of the case for trial, the plaintiff moved to strike out the answer of the defendant, because it was not verified according to the Statute, and also moved for judgment upon the complaint. The verification was made before the Clerk of the Hustings Court of Richmond, Ya. His Honor granted plaintiff’s motion and gave judgment as follows: “This case coming now to be heard by the Court upon the plaintiffs motion for judgment for default of an answer properly verified, and the Court being of…
1Opinion of the Court
Clark, J.:
The Code, 258, permits verification of pleadings to be made before “ any judge, clerk of the Superior Court, notary public or justice of the peace. ” This refers to those officers in tins State and in Benedict v. Hall, 76 N. C., 113, it was held that a verification before a notary public out of the State was insufficient. Thereupon this section was amended (Acts 1891, Ch. 140) by inserting after the word “ notary public ” the words “ in or out of the State. ” The verification in the present instance would therefore have been insufficient under Section 258. Put The Code, Section 633,…
2Cases cited7 opinions
- In Re DeatonSupreme Court of North Carolina · 1890
- Merritt Milling Co. v. FinlaySupreme Court of North Carolina · 1892
- Hopkins v. . BowersSupreme Court of North Carolina · 1892
- Delafield v. Lewis Mercer Construction Co.Supreme Court of North Carolina · 1894
- Strickland v. CoxSupreme Court of North Carolina · 1889
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3Cited by12 opinions
- Ex Parte McCownSupreme Court of North Carolina · 1905
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- Penn-Allen Cement Co. v. PhillipsSupreme Court of North Carolina · 1921
- Johnson v. Pilot Life InsuranceSupreme Court of North Carolina · 1939
- Cole v. Farmers Bank & Trust Co.Supreme Court of North Carolina · 1942
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