Stephens v.Parrish

The only point made on this appeal is as to the sufficiency of the verification of the complaint. It reads as follows-: —

Section 446 of the Code of Civil Procedure provides that “where a pleading is verified, it must be by the affidavit of a 'party, unless the parties are absent from the county where the attorney resides, or from some cause unable to verify it, or the facts are within the knowledge of his attorney or other person verifying the same. When the pleading is verified by the attorney, or any other person except one of the parties, he must set forth in the affidavit the reasons why it is not made by one of the parties.”

The verification in this case is made by the attorney, and distinctly sets forth the first of the conditions which authorize the making of it by some person other than a party,—that the plaintiffs are absent from the county in which the attorney resides. This is the only one of the conditions under which the law excuses the making of the verification by a party that is given in the affidavit, and is alone sufficient for the purpose. No additional force could be given to it by adding that it is for that reason that the verification is made by the…