Israel v. Israel

U.S. Circuit Court for the District of Eastern Pennsylvania

Israel v. Israel

134 F. 1023, 1905 U.S. App. LEXIS 5092

Procedural entryThis page is a short order in Israel v. Israel. Read the opinion of the Court — 130 F. 237 →

U.S. Circuit Court for the District of Eastern Pennsylvania·Decided February 6, 1905·No. No. 24·Published

Opinion

HOLLAND, District Judge.

The motion for judgment for want of a sufficient affidavit of defense cannot be sustained. The defense set up in the affidavit raises issues of fact which should be submitted to a jury, and, if proven to the satisfaction of the jury, the defendant may be entitled to a verdict, and the questions of law which must be considered by the court can be passed upon more intelligently after a full discovery of all the facts. Motion for judgment for want of a sufficient affidavit of defense is overruled.

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HOLLAND, District Judge.

The motion for judgment for want of a sufficient affidavit of defense cannot be sustained. The defense set up in the affidavit raises issues of fact which should be submitted to a jury, and, if proven to the satisfaction of the jury, the defendant may be entitled to a verdict, and the questions of law which must be considered by the court can be passed upon more intelligently after a full discovery of all the facts. Motion for judgment for want of a sufficient affidavit of defense is overruled.

Israel v. Israel, 134 F. 1023, 1905 U.S. App. LEXIS 5092 (circtedpa 1905).

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