New England Steam Brick Co. v. Dube

37 A. 14, 19 R.I. 397, 1895 R.I. LEXIS 104

Opinion

Matteson, C. J.

Section 59, of the amendments to the Judiciary Act, 1 requires that a defendant, to entitle himself to defend, shall make an affidavit only ‘ ‘ that in his opinion there is a good and valid defence, and in ■ what said defence consists.” The defendant’s affidavit in the present suit is a substantial compliance with this provision.

Motion for judgment for want of sufficient affidavit denied,

1 Reenacted, Gen, RawsR. I. cap. 339, § 14.