Majority
p. 42Williams, App’lt, v. Culhane, Resp’t. (New York Common Pleas, General Term, Filed January 7, 1889.)
Headnote
Pleading—Petition—Sufficiency of vebification—Lavs 1869, Chap. 153—Code Crv. Peo., § 2235.The verification of a petition is insufficient, under Laws 1869, chap. 133,
■ which does not certify to the genuineness of the signature of the officer taking the affidavit, or state that such officer was authorized to administer the oath or where the body of the affidavit does not contain the name, age, residence and occupation of the affiant or deponent.
Appeal from order of a district court of New York.
L. Johnson, for app’lt; J. E. Kelly, for resp’t.
—The petition must be verified 1 a complaint in the supreme court (section 2235).
The verification is defective, for it does not contain any certificate, as to the genuineness of the signature of the officer before whom the petition was sworn to. There are other defects in the verification.
It does not state that the officer was authorized to administer the oath at the time it was taken. Chapter 133 of the Laws of 1869, requires that the body of the affidavit shall contain the name, age, residence and occupation of the affiant or deponent, and that to the affidavit a certificate shall be
p. 43
attached, specifying that the officer taking the affidavit was at the time of such taking, duly authorized to take the same, and that the officer giving the certificate, is well acquainted' with the handwriting of the officer who took the affidavit, and believes that the signature of such officer to the jurat is genuine. These essential matters are all omitted. The petition could not, therefore, be received in any judicial proceeding in this state.' Chap. 133, Laws of 1869, § 1. The final order is reversed, with costs.