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This entry was published on 2014-09-22
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Contents of petition
Correction (COR) CHAPTER 43, ARTICLE 14
§ 353. Contents of petition. The petition must be in writing, and
verified by the affidavit of the petitioner, to the effect, that the
matters of fact therein stated are true, to the best of the petitioner's
knowledge and belief. It must set forth the facts, showing that the
applicant is entitled to make the application, and that the application
is made to the proper court; the name and residence of each person, who
is entitled to make such an application, as prescribed in the last
section but one, except the fifth subdivision thereof; and a brief
description of the property, real and personal, of the prisoner, and the
value thereof. If the applicant is a creditor, and not a resident of the
state, he must annex to his petition, the papers specified in section
sixty-two of the debtor and creditor law. If any of the facts, herein
required to be set forth can not be ascertained by the petitioner, after
the exercise of due diligence, that fact must be stated; and the court
may, in its discretion, issue a subpoena, requiring any person to attend
and testify, respecting any matter, which, in its opinion, ought to be
more fully and certainly set forth.