Ireland v. Adair
North Dakota Supreme Court
Appeal from District Court, Ransom County; Lauder, J. Action by S. A. Ireland against Lillian Adair. Judgment as entered as by default. Defendant appeals. Complaint is not properly verified since its matter could not be-with the personal knowledge of plaintiff’s attorney; and so far as-affidavit of verification states, that he “believes it to be true,” it carries no force, since none of the matters contained in such complaint is alleged upon information and belief.
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Appeal from District Court, Ransom County; Lauder, J. Action by S. A. Ireland against Lillian Adair. Judgment as entered as by default. Defendant appeals. Complaint is not properly verified since its matter could not be-with the personal knowledge of plaintiff’s attorney; and so far as-affidavit of verification states, that he “believes it to be true,” it carries no force, since none of the matters contained in such complaint is alleged upon information and belief. The verification does not comply with section 5281, Rev. Codes. Oelbermann et al. v. Ide, 68-N. W. Rep. 393. There being no valid…
1Opinion of the CourtCoci-irane, J.
This action was to recover the amount of a running account. An affidavit for attachment, containing the statutory requirements, was made, and the proper undertaking for attachment was given and approved. All papers were filed in the office of the clerk of the district court of Ransom county. A warrant of attachment, in proper form,.was issued and delivered to the sheriff of the county, who made the following return of his procedure under the warrant: “I, A. C. Cooper, as sheriff of the county of Ransom, state of North Dakota, certify that the summons, affidavit of attachment, undertaking on…
2Cases cited10 opinions
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Watt v. WrightCalifornia Supreme Court · 1884
- Sharp v. BairdCalifornia Supreme Court · 1872
- O'Brien v. Mechanics' & Traders' Fire InsuranceNew York Court of Appeals · 1874
- Clarke v. . GoodridgeNew York Court of Appeals · 1869
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3Cited by5 opinions
- Dickinson v. First National BankNorth Dakota Supreme Court · 1933
- Zimmerman v. BoyntonNorth Dakota Supreme Court · 1930
- Jongewaard v. GesquireNorth Dakota Supreme Court · 1924
- Black Hills Brewing Co. v. Middle West Fire InsuranceSouth Dakota Supreme Court · 1913
- Freeman v. SmithNorth Dakota Supreme Court · 1957