Snodgrass

The remittitur in the case of Snodgrass v. Snodgrass, 81 Cal. App. 360 [ 253 Pac. 755 ], went down on the twenty-first day of April, 1927. On the twenty-second day of April, 1927, defendant served and filed a purported cost bill. It had attached to it a verification certificate in which defendant’s attorney purported to make the affidavit of verification. The purported affidavit was signed by the attorney, but the jurat was not filled in and was not signed by any officer having the power to administer an oath or by anyone else. On the twenty-sixth day of April, 1927, the plaintiff served a notice of motion to strike the document from the files. That motion came on for hearing on the seventeenth day of June, 1927. At the time of the hearing the defendant made a counter-motion for permission to amend and supported his counter-motion with the affidavit of his secretary. In her affidavit the secretary alleged that after the attorney signed the verification she gave the document to the attorney’s clerk with instructions for him to take it to a notary public who was familiar with the signature of the attorney for the purpose of- having the notary public affix his notarial seal thereto;…