Clark v. Smith

1. In order for a warrant to dispossess a tenant holding over to issue under the Civil Code (1910), § 5385, it is required that the owner, his agent, or attorney at law or attorney in fact shall make oath to the facts.

2. There is no law which authorizes an attorney at law or in fact to execute an affidavit in the name of the owner of the premises, purporting to be made and signed by such owner. One person can not make an affidavit in the name of another; though he may make it in his own name as agent or attorney of such other, where the law so authorizes.

3. Where an affidavit purporting to…