Hyperlawhypertext legal database State Bank of Olean v. Shaw 12 N.Y. Sup. Ct. 114

← Cases

State Bank of Olean v. Shaw

12 N.Y. Sup. Ct. 114 Court N.Y. Sup. Ct. English

Judges Present — Mullin, P. J., Smith and Gilbeet, JJ.

Delivered by Mullin, P. J.

Contents

Majority

p. 114
THE STATE BANK OF OLEAN, Respondent, v. WILLIS F. SHAW, Impleaded, etc., Appellant.

Headnote

D&mwr&r — jwrat to verification notparrt of complaint — remedy for error appecvrmg in jurat.
In an action on a note, dated June 18, 1874, and payable two months after date, the jurat on the verification of the complaint was dated June 24, 1874. The defendant demurred on the ground that the complaint did not state facts constituting a cause of action. Held, that the jurat did not form part of the complaint. (Q-eorge v. McAvay, 6 How., 200 ; Smith v. Holmes, 19 N. Y., 271 .)
The proper remedy for the defendant in such cases is by motion.
Appeal from an order overruling a demurrer to the complaint.
JD. H. Bolles, for appellant.. Gary <& Jewell, for respondent.
p. 115
Opinion by

Present — Mullin, P. J., Smith and Gilbeet, JJ.

Order affirmed.