
    Hamilton v. Gibbs et al.
    
    (City Court of New York, Special Term.
    
    January 22, 1890.)
    Pleading—Verification—Prior Pleading Verified.
    On the service of a copy of the complaint on him, defendant admitted due service of the complaint. The complaint was properly verified, but the copy served on defendant was not. Defendant then served an unverified answer, and, on its return for want of verification, notified plaintiff that the copy of the complaint served on him was not verified, but declined to allow plaintiff to correct the copy, whereupon plaintiff served a true copy of the complaint. Meld, that defendant would be required to file a verified answer.
    Action by Archibald W. Hamilton against Bichard H. Gibbs and Walter G. Murphy on an account stated. A copy of the complaint was served on defendants, who then admitted, due service of the complaint. The complaint was duly verified, but the copy which was served on defendants was defective as to the verification. Defendants served an answer, which was returned to them because it was not verified. Defendants then notified plaintiff that the copy of the complaint which was served on them was not verified. Plaintiff then requested defendants to allow a correction of the copy of the complaint, but defendants refused to allow it. Plaintiff then served a true copy of the complaint, and he now moves for judgment as for failure to answer.
    
      Ely & Walker, (James S. Ely, of counsel,) for plaintiff. J. D. Hallen, for defendants.
   Van Wyck, J.

Motion granted, unless within six days the attorney for defendant Gibbs serves the verified answer of said defendant.  