Webb v. Clark — 4 N.Y. Super. Ct. 647

Majority

p. 647

Webb v. Clark.

Headnote

Where the affidavit verifying the complaint is defective, the remedy of the party . is by a motion to set it aside, and not by demurrer.

June, 1849.

Demurrer to a complaint, for the reason that it was verified by a book-keeper, and no cause stated why it was not verified by the plaintiff.

G. Clark, for the defendant.

G. W. Morell, for the plaintiff.

The defendant has mistaken his remedy. He should have moved to set aside the complaint for irregularity. The verification forms no part of the pleading which can be considered on a demurrer.

Demurrer overruled.