Hempstead v. Hempstead
New York Supreme Court
Motion to set aside judgment. Place of trial Schoharie county. The complaint duly verified was served on 8th January 1852. February 12th, the answer, also verified, was served by mail. March 23d, complaint (amended in material parts), was served. The amended complaint was not verified, and was returned because it was not verified. The defendant treated the cause as at issue on the first pleadings and noticed the cause for trial.
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Motion to set aside judgment. Place of trial Schoharie county. The complaint duly verified was served on 8th January 1852. February 12th, the answer, also verified, was served by mail. March 23d, complaint (amended in material parts), was served. The amended complaint was not verified, and was returned because it was not verified. The defendant treated the cause as at issue on the first pleadings and noticed the cause for trial. Plaintiff proceeded and entered up judgment for want of an answer to the amended complaint. Judgment was entered on 14th May 1852. On 8th May 1852, defendant’s…
1Opinion of the Court
Parker, Justice.
It was not necessary to verify the amended complaint. “ Subsequent pleading” in section 156 of the Code, means subsequent in the order of pleading; not subsequent in time. It applies only to pleadings in answer to the pleading verified, or to those which follow in the order of pleading. The defendant ought, therefore, to have answered the amended plead*9ing; or, at least, to have notified the plaintiff’s attorney, that he wished his answer already served to stand for an answer to the amended pleading, if the same was appropriate.
But the plaintiff was wrong in entering up…
2Cases cited1 opinion
- Bailey v. CaldwellNew York Supreme Court · 1808
3Cited by3 opinions
- Uhe v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1894
- Duval v. BuschNew York Supreme Court · 1888
- Duval v. BuschCity of New York Municipal Court · 1888