Harney v. Porter

Decided January 31, 1881

California Supreme Court · decided 1881-01-31

<p>Sufficiency of Answer—Waiver of Verification.—Service of an answer to a verified complaint consisting of a general denial only, was admitted by plaintiff’s attorney and “verification thereof waived.”</p> <p>Held: The waiver of verification did not admit the sufficiency of the answer or dispense with the necessity of a specific denial.</p>

Decided 1881-01-31

The Coubt :

¶1The complaint in this case was verified. The answer was a general denial only. Service of the answer was admitted by plaintiff’s attorney, and “ verification thereof waived.” The Court below held the answer sufficient. It is here contended that there was a waiver of the effect of the verification of the complaint, and that the answer need not contain any specific denial.

¶2We think the answer was insufficient.

¶3Judgment reversed and cause remanded.