42 Minn. 411 | Minn. | 1890
Gen. St. 1878, c. 90, §§ 6, 7, (relating to mechanics’ liens,) provide that the statement of the account, required to be filed and recorded, shall be verified by the oath of the party or his agent, but is entirely silent as to where or before whom such affidavits shall be made. To hold that the statute requires them to be made within the state, or, if without the state, that the oath. must be administered by a commissioner for the state of Minnesota', would be to put a construction upon the act at once unauthorized by its language, and unsuited to the business habits and necessities of the country. Nothing short of express legislation would justify any such rule. We think these affidavits may be made in another state, before any officer authorized by the laws of such state to administer oaths. Of course, if taken in another state, they must be duly authenticated, so as to show on their face the official character of the officer, as well as his authority to administer oaths. In each of the present cases the affidavit was sworn to in Pennsylvania before a notary public of that state, who authenticated it by signing the jurat, and affixing his notarial seal. If, instead of being affidavits, these had been certifi
Some other objections are raised to these affidavits, but none of them are, in our judgment, substantial. The order appealed from is, in each case, affirmed.