Kelly v. Woman Publishing Co.

Headnote

Corporations—Actions—Pleading—Verification.

Under Code Civil Proc. N. V. § 525, subd. 1, requiring the pleadings of domestic corporations to be verified by an officer thereof, a verification by one who stated in the affidavit that he was “the former president of the defendant;” that all the officers, including deponent, had tendered their resignations; and that “no other officers have yet been elected or chosen in their places, ”—is insufficient.

Motion by defendant, the Woman Publishing Company, to compel plaintiff to accept an answer served by it; also a counter-motion by plaintiff to vacate a stay of proceedings heretofore granted, and for leave to enter judgment for want of an answer. Defendant is a domestic corporation, and is sued for a balance of rent. It served an answer in due time, verified by one Edward Goodenough, which verification, omitting formal parts, was as follows: “Edward Goodenough, being duly sworn, says that he is the former president of the defendant; that all the officers of the defendant, including deponent, tendered their resignations from office in said defendant prior to the commencement of this action, and no other officers have yet been elected or chosen in their place; that the foregoing answer is true,” etc. Plaintiff refused to accept this answer, on the ground that it was not properly verified. Hence this motion.