61 Iowa 265 | Iowa | 1883
In the case at bar, that which must be regarded as the affidavit of the defendant is as follows:
“I, W. J. McGavic, Vice-President of the defendant above named, being duly sworn, on my oath say that W. J. Jeffries, judge of the court in which said cause is pending, is so prejudiced against the defendant in the above cause that the defendant cannot obtain a fair trial in said court, as I verily believe, and such prejudice was not known to affiant before the continuance of this cause at last term.”
It is urged that this affidavit is insufficient, because the statement that affiant is vice president of defendant is not verified. We cannot know that McGavic was at the time the affidavit was made an officer of the defendant, or that he had authority to represent it. His unverrified statement that he was such officer is clearly insufficient to establish such fact. Cunningham v. Goelet, 4 Denio, 71. Ex parte Shumway, Id., 258. We do not understand counsel for the appellee to strenuously insist that the affidavit is sufficient, but they claim that, because of defects in the record, we are precluded from determining that question. To the questions presented by counsel .for appellee we now turn our attention.
Reversed.