Ricketts v. Green

New York Supreme Court

Ricketts v. Green

6 Abb. Pr. 82

DecidedOctober 15, 1857

StatusPublished

This text of 6 Abb. Pr. 82 (Ricketts v. Green) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ricketts v. Green, 6 Abb. Pr. 82 (N.Y. Super. Ct. 1857).

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Opinion

Roosevelt, J.

The Code (§ 172) provides that “ any pleading”—whether sworn to or not—may be “ amended by the party of course,” if done within the time prescribed; and on application to the court, “in furtherance of justice,” such amendments may be made at any time (§ 173.)

The proposed amendments to the plaintiff’s complaint appear to be of the latter character, except those which consist in insert[83]*83ing the words, on “ information and belief.” They are clearly unnecessary.' The ordinary jurat to the complaint supersedes them. ¡No matter in what form the averment may be made, it is not sworn to positively unless it be in terms an act of the party himself. The common jurat is required merely to insure the bona fides of the pleading, and the party’s “belief” in, and not his knowledge of, the truth of its statements.

Motion to strike out the amendments, except the words “ on information and belief,” must therefore be denied, and the amendments, with that exception, allowed to stand.

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Roosevelt, J.

The Code (§ 172) provides that “ any pleading”—whether sworn to or not—may be “ amended by the party of course,” if done within the time prescribed; and on application to the court, “in furtherance of justice,” such amendments may be made at any time (§ 173.)

The proposed amendments to the plaintiff’s complaint appear to be of the latter character, except those which consist in insert[83]*83ing the words, on “ information and belief.” They are clearly unnecessary.' The ordinary jurat to the complaint supersedes them. ¡No matter in what form the averment may be made, it is not sworn to positively unless it be in terms an act of the party himself. The common jurat is required merely to insure the bona fides of the pleading, and the party’s “belief” in, and not his knowledge of, the truth of its statements.

Motion to strike out the amendments, except the words “ on information and belief,” must therefore be denied, and the amendments, with that exception, allowed to stand.

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Bluebook (online)

6 Abb. Pr. 82, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ricketts-v-green-nysupct-1857.