Beglin v. People's Trust Co.

Application is made in this case for inquest on the ground that the defendant, having served an unverified answer, has failed to serve and file an affidavit of merits.

The complaint is unverified. Section 523 of the Code of Civil Procedure provides that, where a pleading is verified, each subsequent pleading must also be verified, which implies that, where a pleading is unverified, each subsequent pleading may be unverified. In this case, therefore, as the complaint is without verification, the unverified answer is sufficient as a pleading, and could not be returned or treated as a nullity.…