185 Ind. 520 | Ind. | 1916
— This is an appeal from, a judgment dismissing a petition for the construction of a levee under the act approved March 9, 1907, as amended in 1911. Acts 1907 p. 404, §8188 et seq. Burns 1908; Acts 1911 p. 668, §8188 et seq. Burns
“State of Indiana, County of Lake, ss:
Neil Brown, being first duly sworn according to law, upon his oath says that he is one of the petitioners in the above entitled petition, and that the matters and facts therein set forth are true in substance and in fact.
Neil Brown.
*523 Subscribed and sworn to before me this 6th day of September, 1912.
J. W. Belshaw, Notary Public.
My commission expires May 11, 1916.”
There was no impression of the notary’s seal on the paper containing the jurat. The statute (Acts 1911 p. 670, supra) required that “Such petition shall be verified by the affidavit of one or more of the petitioners.” We have a statute (§9534 Burns 1914, §5963 R. S. 1881) which requires a notary public to procure a seal that will stamp on paper a distinct impression, and provides that notarial acts not attested by such seal “shall be void.” Appellants resisted the motion to dismiss, and filed the affidavits of Neil Brown and the notary to the effect that Brown was duly sworn, as recited in the jurat, and that at the time Belshaw was a notary public, commissioned and acting, and had a seal, and the notary appeared in open court and requested permission to affix his seal .to the jurat. It was stipulated óf record that Belshaw was a notary public, and had a notarial seal on September 6, 1912, and thereupon petitioners moved that Belshaw be permitted to affix his seal to the jurat. This motion was overruled, and thereupon the court sustained the motion to dismiss the petition. From the judgment of dismissal this appeal is prosecuted.
In the instant case there is no fact in dispute. The petitioner was duly sworn by a notary public,
Note. — Reported in 112 N. E. 525.