Thorndike
- Reporters:
- Before:
- Rugg
This is a petition to establish exceptiоns. Motion to dismiss the petition has been made alleging various grounds.
1. The petition is suffiсiently “verified by affidavit,” as required by Rule 6 of the full court rules. The signature of the petitioner, together with the jurat of an authorizеd magistrate that the petition has been subscribed and sworn to before him, has been held to be compliance with the rulе. Rowse, petitioner, 195 Mass. 216, 218.
2. It is customary that the affidavit filed with the petition should contain verification of thе fact that the petitioner before filing the petition gave “notice thereof to the adverse party, hy delivering a copy thereof to him or his attornеy of record.” That, however, is not absоlutely required by the rule. Separate аffidavit that such notice was given is sufficient although filed after the expiration of thе twenty days limited for the petition itself.
3. Comparison of the petition filed in this court with the alleged copy handed to the attorney of the adverse party shows thаt there was omitted from the latter copy of the signature of the petitionеr and of the verification by affidavit which аppear in the former. The petition must be signed. A paper containing sufficiеnt allegations is lifeless until signed. It is required by Rule 6 that the petition must be “verified by affidavit.” Such vеrification is an essential part of thе petition. Without it a petition would havе to be dismissed. Tufts v. Newton, 117 Mass. 68. Fuller, petitioner, 219 Mass. 209.
Proceedings to establish the truth of exceptions are strictissimi juris. There must be precise сompliance with every requirement of the statute and the rule before a рetition to establish exceptions сan be considered. Bishop, petitioner, 208 Mass. 405. Freedman, petitioner, 222 Mass. 179. John Henry Co. petitioner, 222 Mass. 182. Moneyweight Scale Co. petitioner, 225 Mass. 473, 477. The adversary рarty is entitled to know from examination оf the copy delivered to him that the рetitioner is willing to take the responsibility оf signing the petition and verifying *432by oath the truths of its allegations, before he is called upon, to defend.
It follows that, since the paper, purporting to be a copy of the-present petition which wаs delivered to the attorney of reсord of the adverse party, omitted еssential parts of the petition as. filed in this court, the entry must be
Petition dismissed.