I have read the foregoing complaint [or answer], and know the contents thereof, and the same is true of my own knowledge [except as to those matters stated therein on information and belief, and as to those matters I believe it to be true]. [Jurat.]

[SIGNATURES.]

A. B., being duly sworn, says as follows:

1. I am an officer of the.........company, the plaintiffs [or defendants] above named, to wit, the President thereof.

2. I have read the foregoing complaint [or answer], and know the contents thereof, and the same is true of my own knowledge [except as to those matters which are therein stated on information or [and] belief, and as to those matters I believe it to be true].

[Jurat.]

[SIGNATURE.]

22. Grounds of Belief-Sources of Knowledge.-It has been held that a verification made by an officer of a corporation need not state the grounds of belief or sources of knowledge. It is a verification of the corporation: Glaubensklee v. Hamburg and American Packet Co., 9 Abb. Pr. 104; compare Van Horne v. Montgomery, 5 How. Pr. 238; Anable v. Anable, 24 Id.

92.

23. Managing Agent.-A managing agent of a corporation is an officer of the corporation within the provisions of the Act: Glaubensklee v. Hamburg and American Packet Co., 9 Abb. Pr. 104.

BY ATTORNEY OR AGENT.

The attorney may verify a complaint in two cases: 1. When the parties are absent from the county where the attorney resides, or from some cause are unable to verify it.

2. When all the material allegations of the petition are within his personal knowledge: Mason v. Brown, 6 How. Pr. 484; Treadwell v. Fussell, 10 Id. 184; Wheeler v. Chesley, 14 Abb. Pr. 441. But in all cases of verification by attorney or agent, the reason why the verification is not made by the party must be set forth in the affidavit: Cal. Code C. P., sec. 446.

No. 32.

By attorney or agent, where the facts are within the personal knowledge of such attorney or agent.

[VENUE.]

A. B., being first duly sworn, says:

1. I am the attorney of the plaintiff in this action [or agent, as the case may be].

2. I have read [or heard read] the foregoing complaint [or answer], and know the contents thereof, and the same is true of my own knowledge, except as to the matters therein averred to be upon information or belief, and as to those matters I believe it to be true.

3. The reason why the verification is not made by the plaintiff [or defendant], is that the facts stated in said complaint [or answer] are not within his personal knowledge. [Jurat.] [SIGNATURE.]

24. Forms of Verification.-For examples of sufficient verifications by attorneys, see Wheeler v. Chelsey, 14 Abb. Pr. 441; Stannard v. Mattice, 7 How. Pr. 4; Myers v. Gerritts, 13 Abb. Pr. 106; Gourney v. Wersoland, 3 Duer, 613; Ross v. Longmuir, 24 How. Pr. 49. For examples of insufficient verifications by attorneys or agents, see Fitch v. Bigelow, 5 How. Pr. 237; Meads v. Gleason, 13 How. Pr. 313; Tibballs v. Selfridge, 12 How. Pr. 64; Soutter v. Mather, 14 Abb. Pr. 440; Bank of Maine v. Bull, 14 How. Pr. 311. 25. Nature of Agency.-A verification by an agent must disclose the nature of the agency: Boston Locomotive Works v. Wright, 15 How. Pr. 253. But it is not necessary to verify by the agent who knows most about the matter: Drevert v. Apsert, 2 Abb. Pr. 165.

26. Notes in Possession.-Stating that the notes were in possession of deponent sufficiently avers that deponent was agent of the plaintiff: Myers v. Gerrilts, 13 How. Pr. 106. And authorized to verify the complaint: Myers v. Gerritts. Whether plaintiff was within the county or not: Wheeler v. Chelsey, 14 Abb. Pr. 441. But in California, possession of the written instrument or obligation upon which the suit is based does not authorize the attorney or agent to verify the complaint.

[VENUE.]

No. 33.

The same, when the Party is absent from the County.

A. B., being duly sworn, says as follows:

1. I am the attorney [or one of the attorneys] of the plaintiff [or defendant] in this action.

2. I have read the foregoing complaint [or answer] and know the contents thereof, and that it is true of my own knowledge [except as to those matters therein stated on in

formation or (and) belief, and as to those matters I believe it to be true].

3. The reason this verification is not made by the plaintiff [or defendant], is that he is not within the county of......, which is the county where I reside.

[Jurat.]

[SIGNATURE.]

27. Absence from County.-When the party is not within the county where the attorney resides, a verification made by the attorney is good, though he have no personal knowledge of the truth of the allegations: Humphreys v. McCall, 9 Cal. 59; Ely v. Frisbie, 17 Id. 250; Patterson v. Ely, 19 Id. 28; Lefever v. Latson, 5 Sandf. 650; Roscoe v. Maison, 7 How. Pr. 121; Stannard v. Mattice, Id. 4; Smith v. Rosenthall, 11 Id. 442; Wilkin v. Gilman, 13 Id. 225; People v. Allen, 14 Id. 334; Drevert v. Apsert, 2 Abb. Pr. 165; Myers Gerritts, 13 Id. 106; Gourney v. Wersoland, 3 Duer, 613; Dixwell v. Wordsworth, 2 Code R. 1. Although it appears that the client has a resident agent through whom the attorney has obtained his information: Drevert v. Apsert, 2 Abb. Pr. 165.

28. Grounds of Belief.-Where an attorney or agent verifies a complaint the verification should state the grounds of belief, and the reasons why it was not made by the party: Oregon Code, sec. 79; Boston Locom. Works v. Wright, 15 How. Pr. 253; Meads v. Gleason, 13 Id. 309; People v. Allen, 14 Id. 334. The grounds of knowledge or belief need not be set forth if all the allegations in the pleading are made in the positive form: Ross v. Longmuir, 15 Abb. Pr. 326. Under the Cal. Code it is not necessary that the attorney or agent should state his grounds of belief.

29. Guardian.-The guardian, or attorney for the guardian, of an infant plaintiff may verify: Hill v. Thacter, 2 Code R. 3; Anable v. Anable, 24 How. Pr. 92; Rogers v. Cruger, 8 Johns. 581. In an action by an infant appearing by a guardian ad litem, the complaint may properly be verified by the guardian, and he need not do so as the agent or attorney for the infant, but may as the plaintiff: Anable v. Anable, 24 How. Pr. 92.

[VENUE.]

No. 34.

Where the absent Plaintiff is a Corporation.

A. B., being first duly sworn, says: I am the attorney of the plaintiff in this action; I have read the foregoing complaint, and know the contents thereof, and the same is true of my own knowledge [except, etc.]

The reason why the complaint in this cause is not verified by an officer of said corporation is, that its place of business is at...... ...in the State of..

that none of its officers are now within the county of... where I reside.

[Jurat.]

[SIGNATURE.]

and

No. 35.

Verification of Petition.

[Venue and introduction as in Form No. 23, omitting tille preceding the venue, and after description of deponent, add:]

I have read the foregoing petition subscribed by me, and know the contents thereof; that the same is [or, where such papers are annexed, and that the same and the accounts and inventories hereunto annexed are] true of my own knowledge [except as to the matters therein stated on information or (and) belief and as to those matters I believe it to be true].

[Jurat.]

[SIGNATURE.]

30. Verified Petition.-The petition for the perpetuation of testimony must be verified by the applicant therefor: Code C. P., sec. 2084.

PART THIRD.

PLEADINGS OF PLAINTIFF.

CHAPTER I.

COMPLAINTS IN GENERAL.

1. The complaint under the California Code is the first pleading in the action, and the foundation for all future proceedings. In modern practice, it is a substitute for the declaration at common law, and under the new system the plaintiff's allegations, showing his cause of action, whether at law or in equity, are termed the complaint. The Code as adopted in most of the States and territories of the Union, declares expressly what the complaint shall contain, which is as follows: 1. The title of the action, specifying the name of the court and the name of the county in which the action. is brought, and the names of the parties to the action, plaintiff and defendant; 2. A statement of the facts constituting the cause of action, in ordinary and concise language; and, 3. A demand for the relief which the plaintiff claims.

FIRST SUBDIVISION OF COMPLAINT.

2. The first subdivision of complaints under the Code, which provides what the complaint shall contain, will be found under the title, FORMAL PARTS OF PLEADINGS, Chapter vii., where the entitling of a cause may be found, with forms and authorities in support thereof.

CHARACTER AND CAPACITY AVERRED.

3. If the plaintiff sue in a representative or official character or capacity, the character must be alleged, as well as stated in the title: Gould v. Glass, 19 Barb. 185; Smith v.