Hecht & Co. v. Friesleben

Citations

• 28 S.C. 181
• 5 S.E. 475
• 1888 S.C. LEXIS 37

Syllabus

<p>1. A complaint may be verified by an attorney, in the absence of the party from the county, only (1) where the action is founded upon a written instrument for the payment of money only and such instrument is in the possession of the attorney; and (2) where all the material allegations of the complaint are within the personal knowledge of the attorney.</p> <p>2. Where the complaint does not state which of its allegations are made on personal knowledge and which on information and belief, a verification that the “complaint is true of his own knowledge except as to matters therein stated on information and belief, and as to those matters he believes it to be true,” is insuificient in form.</p> <p>3. Where the verification by an attorney states that the sources of his knowledge and information are “the possession of a verified itemized statement of the account sued upon, the admissions and statements of the defendant, and the statements of B., G., and others,” it does not set forth “his knowledge or the grounds of his belief on the subject,” and is therefore insufficient in substance.</p> <p>4. After the time for answering has expired, the judge may impose as a condition of leave to answer the payment of all costs accrued up to that time.</p> <p>5. Error in allowing certain costs to be taxed can be brought up only by exception to the taxation of costs.</p> <p>6. Application for leave to serve a verified answer after the time for answering had expired, was granted on conditions which defendant refused, and he then appealed from the order holding that his previous answer was insufficient because unverified. Held, that defendant had not elected to serve a verified answer, nor was he estopped from such appeal.</p>