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shall be "upon information or belief," instead of "upon information and belief." In New York the word "and" is used. If the language of the verification were to follow the language of the pleading, either "or" or "and" would be used. The word "belief" is to be taken in its ordinary sense, and means the actual conclusion of the party drawn from information. Positive knowledge and mere belief cannot exist together.86

If the pleader avers matters "upon information and belief" or "upon information or belief," the verification will be sufficient, if his affidavit states that as to the matters thus alleged he believes the pleading to be true.87

If nothing is stated on information or belief, the verification need not mention the same. It is a higher class of verification.88 If, however, there are such allegations in the pleading, an allegation that "the same are true according to the best of his knowledge and belief" is insufficient. The words "and belief" are treated as surplusage if affiant states he is acquainted with the contents and that it is true of his own knowledge and belief.90

89

In some states the matters alleged on information and belief must be stated to be so made, while in others, with like provisions in their codes, the allegations made on personal knowledge need not be distinguished from those made on information and belief. And if a statute directs a statement to be verified without prescribing a form, the verification need not be unqualified and positive. The legislature does not intend to require an affidavit of a higher degree than could be made on the part of the officer from whom it is demanded, and where an officer of a bank bases his belief upon information received from employees of the bank, his verification is sufficient if it states that it is made to the best of his knowledge and belief.91

Facts which are particularly within the knowledge of defendant may without valid objection be alleged upon information and belief, even if defendant's books are open to the inspection of plaintiff.92

86 Humphreys v. McCall, 9 Cal. 59, 70 Am. Dec. 621.

87 Patterson v. Ely, 19 Cal. 28; Kirk v. Rhoads, 46 Cal. 403.

88 Patterson v. Ely, 19 Cal. 28; Kinkaid v. Kipp, 1 Duer, 692; Kelly v. Kelly, 18 Nev. 49, 1 Pac. 194, 51 Am. Rep. 732, 1 West Coast Rep. 143.

89 Van Horne v. Montgomery, 5 How. Pr. 238.

90 Seattle C. & T. Co. v. Thomas, 57 Cal. 197; Christopher v. Condogeorge, 128 Cal. 581, 61 Pac. 174.

91 Bank of British North America v. Madison, 99 Cal. 129, 33 Pac. 762. 92 McDermont v. Anaheim U. W. Co., 124 Cal. 112, 56 Pac. 779.

§ 169. Counter statements. If a fact is directly averred in one part of a verified pleading and directly denied in another, whether it be in the statement of several causes of action in a complaint or several defenses in an answer, the party verifying it is guilty of perjury, and, on the trial, the averment which bears most strongly against the pleader will be taken as true.93

FORMS OF VERIFICATION OF PLEADINGS.

§ 170. Verification by sole plaintiff or sole defendant.

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A. B., the plaintiff [or defendant] above named, being duly sworn, says as follows:

I have read the foregoing complaint [or answer] and know the contents thereof, and that the same is true to the best of my knowledge.

[SIGNATURE.] Subscribed and sworn to before me, this . . day of . . ., 19.. J. K., County Clerk.

§ 171. On information and belief.

[VENUE.]

Form No. 52.

A. B., the plaintiff above named, being duly sworn, says as follows:

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

Subscribed and sworn to before me, this

[SIGNATURE.]

. . . day of . . ., 19.. J. K., Notary Public.

§ 172. By one of several plaintiffs or defendants.

[VENUE.]

Form No. 53.

A. B., being duly sworn on his own behalf, and on behalf of

R. S., one of the other defendants therein, says as follows:

93 Bell v. Brown, 22 Cal. 671.

P. P. F. Vol. I-8

1. I am one of the defendants in the above-entitled action. 2. I have read the foregoing answer and know the contents thereof, and that the same is true of my own knowledge, except as to the matters which are therein stated on information or [and] belief, and as to those matters I believe it to be true. [JURAT.]

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[SIGNATURE.]

A. B. and C. D., the plaintiffs [or defendants] above named, being duly sworn, say, each for himself, as follows:

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).

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

[SIGNATURE.]

1. I am an officer of . . . 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.]

§ 175. By attorney or agent, when the facts are within his personal knowledge.

[VENUE.]

Form No. 56.

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

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to be upon information or belief, and as to these 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.]

§ 176. By agent when the .party is absent from the county.

[VENUE.]

Form No. 57.

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 information 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 wherein I reside.

[JURAT.]

[SIGNATURE.]

§ 177. Where the absent plaintiff is a corporation.

[VENUE.]

Form No. 58.

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 . . and that none of its officers are now within the county of where I reside. [JURAT.]

...

§ 178. Verification of petition.

Form No. 59.

[SIGNATURE.]

[Insert venue, introduction, and description of deponent, and 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.]

§ 179. Formal parts of affidavit in an action.

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[SIGNATURE.]

A. B., being duly sworn, says he is the plaintiff [or defendant, or the attorney or agent of the plaintiff or defendant] in the above-entitled action, and that [here state facts to be sworn to].

A. B. Subscribed and sworn to before me, this . . . day of .., 19.. C. D., Notary Public... County.

§ 180. Jurat, affiant blind or illiterate.

Form No. 61.

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Subscribed and sworn to before me this . . . day of

19., the same having been by me read to the affiant, he being blind [or unable to read], and he appearing to me to fully understand the same.

C. D., Notary Public... County.

§ 181. Jurat, affiant a foreigner.

Form No. 62.

Subscribed and sworn to before me, this . . . day of . . ., 19.., I having first sworn E. F., an interpreter, to interpret truly the same to the deponent, who is a foreigner and not understanding the English language, and he having interpreted the same to the affiant, who appeared to me to understand the same.

C. D., Notary Public...
... County.

§ 182. Authentication of official character of officers taking affidavit without the state for use within the state.

[VENUE.]

Form No. 63.

...

I, A. B., who am a clerk [or prothonotary] of the . . . court of... county, in said state, do hereby certify that said court

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