Volume 186 — North Carolina Reports

Civil actioN, beard by Grady, J., at February Term, 1923, of GrREENE. Tbe plaintiffs instituted a proceeding before tbe clerk for tbe ultimate purpose of selling for partition tbe land described in tbe complaint, and as preliminary thereto of setting up a parol trust in tbe land. When tbe complaint and answer were filed — tbe defendants having pleaded sole seizin — tbe clerk transferred tbe cause to tbe civil-issue docket for trial.

Civil actioN, tried before Kerr, J., and a jury, at April Term, 1923, of Nash. On 24 May, 1919, the defendant executed and delivered to the plaintiff four promissory notes, under seal, in the aggregate sum of $5,782.50, with interest from the respective dates of maturity. The defendant admitted the execution of the notes, but denied liability on the ground that they had been procured by fraud. The verdict was as follows: “1. Did the defendant execute the notes sued upon?

<p>1. Pleadings — Verification—Statutes—Clerks of Court.</p> <p>A verification to a complaint that the statements therein contained are true, to the best knowledge, information and belief of the plaintiff, save those matters which are stated on information and belief, and as to those he believes it to be true, is not sufficient compliance with C. S., sec. 529, requiring a statement that “the facts set forth in the designated pleadings are true, except those stated on information and belief, and as to those matters he believes them to be true.”</p> <p>2. Same — Money Demand — Judgments Set Aside.</p> <p>Sufficient verification, as the statute (C. S., sec. 529) requires, not appearing in the complaint in an action upon a money demand in an amount certain, etc., will be treated as a nullity and irregularity, and judgment by default final, etc., thereon will be set aside on motion of defendant made before the clerk in apt time, on a proper show of merits. C. S., sec. 595 (1).</p> <p>3. Same.</p> <p>The requirement of C. S., sec. 595 (1), that to obtain judgment by default, etc., in an action upon a money demand, the complaint must bo properly verified (O. S., sec. 529), is not affected by chapter 92, Extra Session of 1921, requiring a copy of the verified complaint to be served on the defendant with the summons; C. S., secs. 595, 596, and 597 expressly affirming the provisions of section 595 (1).</p> <p>4. Same — Powers of Trial Judge.</p> <p>Chapter 92, Laws of 1921, sec. 3, prohibits the clerk of the court only from extending the time for defendant to answer, and does not impair the broad powers conferred by 0. S., sec. 536, upon the judge, to the effect that when the cause is properly before him “he may in his discretion; and upon such terms as may be just, allow an answer or reply to be made or other acts done after the time, or by an order to enlarge the time.”</p>