Forbes

This is an original proceeding in the supreme court, and the plaintiff has moved for judgment upon the complaint and answer.

The petition avers that the petitioner is the “owner and holder” of certain railroad bonds “issued under the act of March 28, 1863, with the coupons attached, assigned to him by an indorsement printed and written on the back of said bonds, signed by the president and secretary of the railroad company.” To this the answer is: “To the allegation [reciting it] said respondent, answering, says that it [the board of supervisors] has no information or belief on the subject suffi *220 eient to enable it to answer said allegation, and therefore on that ground denies that the said bonds or any of them were assigned to said petitioner, or that he was, at the commencement of this action, the owner or holder of them or any of them.”

It is contended by petitioner that the genuineness and due execution of the assignment can be denied only by verified answer : Code Civ. Proe., sec. 447. To this there are two replies: First, a copy of the assignment is not set forth in the complaint, nor are copies of the bonds; second, section 447 of the Code of Civil Procedure does not…