Sexaner v. Bowen
New York Court of Common Pleas
Appeals from' three orders refusing to set aside judgments for irregularity. Three actions were brought, by Louis Sexaner, by Grustavus Petzold, and by Jacob Klaiber, respectively, against the defendant, Henry C. Bowen, who was their employer, to recover balances alleged to be due them, for work, labor, and services.
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Appeals from' three orders refusing to set aside judgments for irregularity. Three actions were brought, by Louis Sexaner, by Grustavus Petzold, and by Jacob Klaiber, respectively, against the defendant, Henry C. Bowen, who was their employer, to recover balances alleged to be due them, for work, labor, and services. On the last day to answer, the defendant’s attorney served answers of general denial and breach of contract, which were verified as follows: [Venue.] Henry C. Bowen, being duly sworn, says, that he is the defendant in this action, and that the foregoing answer is true, except as…
1Opinion of the Court
Loew, J.*
I think the verification of the answer in each of these cases was insufficient.
The Code, section 157, requires the verification of a pleading, when, made by a party to the action, to be to the effect that the same is true to Ms knowledge, except as to those matters stated on information and belief, and that as to those matters he believes it to be true.
It is not necessary that the precise language used in that section should be employed, but it is requisite that the affidavit of verification should be not only tc the effect that the pleading is true, but also to the effect that the…
2Cases cited1 opinion
- Williams v. Riel & GrangerThe Superior Court of New York City · 1855
3Cited by2 opinions
- Treen Motors Corp. v. Van PeltNew York Supreme Court · 1919
- Cherry v. FoleyNew York Court of Common Pleas · 1892