New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-08-20

buses known as Kip s Browns line and vers ,saxef
the business o. carrying passengers TO- HRS sssh
stages between certain points Ia The City Of Ns~ Yerk
but esch and other ALE Cation 81 the oissue
they say these dfsrdsn have knc sedgs or aserna
".icn thereof sufi1 lent ~ form belief"
TIE verfosiion Is follows, Solomon Kip, ana
Abraham Rrown being severaly daily sworn saw eAsA
for himself ,hst the foregoing answer true u hn
knowledge except far A. The ssns alleges want q
"suffcsr, information TO fern hsie IA part n ~
"oAr eeadsnf and tbs. s. 20 such allegation be bsiss1
g the sane 10 be rus" "a tl.t
The defect this verifcstap specified ihs
o. motion a. thai Il not in the form or % the Ell tort
purpor prescribed BY the statue and does no. STATE tssi
the Is true Of defendants knowledge exree
the matters therein stated UPON Information and -
hsf and that those matters believes to Be true
This objection that 10 all where psaiing
is verified Il IL necessary Uncer the code N 1sers "a to
verhcso- the exception 20 matters stated on inorm&
ron ard belief hetA-r any Ssrs stated IN the
r'esdrg or rot; srd |, may b. the ecmnoa prsc,cst 70
cssss brt have hesitation in saying that 10 plead
rg which alleges sdni's sotafsg on Information or be
lief Is not cny unnecessary bat improper Is put such
serssess exception ia the vericstou IL is improper be-
carse implies sfsshood and make, the party swear to
such false Implication.
Ihs Cod. .ec i5 does not in terms require that such
vs.icstion fofr shs be tackled 10 every plesdinT
vh.iber cts or not; and wculc be against comnoa
ard 70 give such construction. lfspsry
who ia h answer has ss.d asfsay on information and
Nfi.f thinks l. advisable TO that he believes such
t'ssmsr 20 BE- true he doubtless has right TO 81 but
such he coofoss himself 70 swearing that his
siswer ffrs % as SEovtgT he not only complies With
be equrtneuis e the CODE hut avoids what say the
least cf i, Is a harmless absur5iy.
IS the in this does not contain slagls
statement admission Information and bsist verdi
csion simply to the effect ths, the to the
knssledge of the defendant would therefore have been
sufficient But the vericaton in this contains Pc
cnliar exception 10 form and for purpose asogs'her
different r TIE exception referred 10 in section Isl Of
the Code snd which was inserted IN order TO guard each
defendant from the manifest iuproprty Of swearing a. 30
tbs ina"' ency e. .rnslicn 20 FORM belief yosssSssd
bv TIE other dessrd.nt ~ 10 he matters alleged 10 The
ccuplsnt rot answered upon ,he ka'efe IT hs defend
ants The necessity fer this exception might have been
avoided By using tls form et expression IN the ANS
These deferosns sevsray cay each FOR hlmsc. that a.
"iAs knowledge information tbereof-to form be-
r.f'-rsteed cf These defendants have kn, Wedge
Or information thereof sufficient 70 frm belief but
srped 70 The answer in Ia existing form the exception
doe pair the verifcson and WAS proper and con-
sot ncas reservation 10 be made by esch defendant
The rsoor iheref re- must be denied, bu. shaa costs
On qass,ons Of this nature arising under the Code the
iailirg party should incur no such penalty
SUPREME coURr-Is cH,NsrSs-Beforo JUDGE MITCHELL.
HiBEss CORPUS
In the at William Gerry. who recently enlisted AZ
Boston, whose discharge IS Ssd tor. slrssdy
ierred to the ground Of minority me Coar: did not
cor slider The testimony sufficient to that effect and he
reuatded 70 duty but with permission to rensg the APP
plcsiicn- on additional pref
SUPREME couRr-srrcrAL TrAx- Before Juass MOsus
DECISIONS
P.er vsuzanit at Nathaniel Cobb and others. -,
For cl,m hypuhsostions e stocks which 1, al
legged we're gcd coutry 70 agreement and highest market
price face the sale, 1enaIIc~ The claim - denied BY
isfsndstts who sge large sun 70 be due then kst
| cree appointed, with power 20 audit accounts
T. Stokes Dch.nson agt John Cook -
Motion to vacse order Of 10Th AriL 1883, denied with
= costs 20 plaintiff
james q. Mathews at Geo. :. II Lawrence.
Ths comgl,nt mus show distinctly the Of action
NJ ton that plaintiff smend granted
Before Iuise EDNoSps.
John $ Kenyon sod wife sgt isasc Adrisnce aud others
Defendant ". W. Winans permitted 10 como In aud
answer n condition that defendants plead i.susbly
Emory Coleman ast. Bnrk Moore.
Attachment agsiDst defendant Moore granted Bail Ia
q G sum II $500.