The New York Code of Civil Procedure, as It Is in 1890; With Notes of the Judicial Decisions Thereon or Relating Thereto : Together with the Rules of the Court of Appeals and the General Rules
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 edition. Excerpt: ... A verification to a comp aint by an attorney is sufllcient where he states his belief in those points of the complaint which are alleged on information and belief, and states that his information came from letters of the plaintifl and conversations with the defendant. Such letters and conversations are, therefore, grounds of his belief, for he says his belief rests on information, and he gives the sources of information. It is not necessary to specify in detail the sources of his information. Du a/rquet v. Fiirjield, 18 State Rep. 8; 2 N.. Supple. 26. j. Attorney may verify, though party has agents.--The attorney ma verify on behalf of his non-resident client. u though it appear that the client has a resident agent from whom the attorney gets his information. Drewrt v. Amzaert, 2 Abb. 165, Mitchell, J. k. When agent may verify repl.--An agent may verify a reply where he cou d. the complaint; so held where the action was on a written instrument, and the answer set 111? a counterclaim of breach of warranty. 'i/rkland v. Aiken, 66 Barb. 211. l. Where the verification of the answer b defendant's agent or attorney contains an a legation inconsistent with an allegation in the answer itself, defendant may be required to verify in person. Jailla/rd v. Tomes, 8 Abb. N. C. 24, Van Brunt, J. a. Any agent may ven-ify.--Where a party has several agents, the verification need not be made by the agent who knows most about the matter. Drmrt v. Appsert, 2 Abb. 165, Mitchell, J. b. Mortgage not an instrument to pay money only.--The instruments referred to in 157, Co. Proc., are of the same description as those mentioned in subdivision 1 of,8 129, and on which, by subdiv. 1 of 246, judgment may be recovered without application to the...
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- 13 Sep 2013
- Illustrations, black and white