Levy v. Meir
This text of 103 S.E.2d 288 (Levy v. Meir) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
A pleading must be subscribed by a party or his attorney. The complaint filed in this case meets this statutory requirement. Whether plaintiff verifies his complaint is optional with him unless some statute requires verification as a condition to the maintenance of the action. G.S. 1-144. No statute requires verification to maintain an action on a promissory note. Since plaintiff can maintain his action without verifying the complaint, an attempted verification, which is a nullity, cannot defeat that right. Reynolds v. Smathers, 87 N.C. 24; McNair v. Yarboro, 186 N.C. 111. As the verification does not meet the requirement of the statute, G.S. 1-146, defendant is not required to verify his answer.
Reversed.
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Cite This Page — Counsel Stack
103 S.E.2d 288, 248 N.C. 328, 1958 N.C. LEXIS 375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levy-v-meir-nc-1958.