Clay ex rel. Stone v. Baker
New York Supreme Court
Appeal from an order of the Erie County Court, denying a motion to compel the plaintiff to receive an unverified answer. The plaintiff is an infant, and her guardian ad litem verified the complaint by an affidavit stating that he was sncli guardian and that the complaint was true of his own knowledge, except as to the matters therein stated to be alleged on information find belief, and as to those matters he believed it to be true.
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Appeal from an order of the Erie County Court, denying a motion to compel the plaintiff to receive an unverified answer. The plaintiff is an infant, and her guardian ad litem verified the complaint by an affidavit stating that he was sncli guardian and that the complaint was true of his own knowledge, except as to the matters therein stated to be alleged on information find belief, and as to those matters he believed it to be true. The defendants served an answer without verification, which was returned because it was unverified. Thereupon the defendants moved to require its acceptance as an…
1Opinion of the Court
Bradley, J\:
The contention of the defendants is that as the affidavit was not made by the party plaintiff it was ineffectual as a verification, because it did not set forth the grounds of his belief and the reason why it was not made by such party. The statute provides that the verification must be made by the affidavit of the party, except that under certain prescribed circumstances it may be made by the agent or attorney (Code Civil Pro., § 525); and that when made by a person other than the party he must set forth in the aifidavit the grounds of his belief as to all matters not stated upon…
2Cases cited2 opinions
- Bulkley v. Van WyckNew York Court of Chancery · 1836
- Waring v. Crane & CanfieldNew York Court of Chancery · 1830