Wheeler v. Dixon
New York Supreme Court
Motion to set aside answer for want of verification. The cause of action stated in the complaint was assault and battery, and the answer denied all the allegations in the complaint. The complaint was verified.
1Opinion of the Court
Paige, Justice.
The Code of 1848, § 133, required every pleading to be verified; but provided that “ the verification might be omitted when the party would be privileged from testifying as a witness to the same matter; and that no pleading verified should be used in a criminal prosecution against the party as proof of a fact admitted or alleged in such pleading.’ In the amendment of the Code of 1849, (§ 157,) these provisions were omitted, and the requirement that every pleading should be verified, was modified by providing that wdien any pleading should be verified, all subsequent pleadings,…
2Cases cited3 opinions
- People v. MatherNew York Supreme Court · 1830
- Philips v. WickhamNew York Court of Chancery · 1829
- People v. HerrickNew York Supreme Court · 1816
3Cited by2 opinions
- Goff v. Star Printing Co.New York Supreme Court · 1888
- Frist v. ClimmCity of New York Municipal Court · 1884