Stanley G. Flag & Co. v. Taylor

Superior Court of Delaware

Stanley G. Flag & Co. v. Taylor

14 A. 26, 13 Del. 165, 8 Houston 165, 1888 Del. LEXIS 9

Superior Court of Delaware·Decided May 3, 1888·Published·Cited by 1 cases

Opinion

Comegys, Ch. J.,

gave the opinion of the Court, in which he said that every affidavit of a legal defence to the whole or a part of any cause' of action in any case in which a sworn copy of it is filed pursuant to the statute, must disclose the nature and character of that defense sufficiently to show to the court on the face of it, admitting the matter or matters of facts alleged in it to be true, that it constitutes a legal defence to the action in the case. This the affidavit of defence filed in this case wholly fails to disclose, and therefore judgment must be entered for the plaintiff on the motion, notwithstanding the affidavit of defence filed.

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Comegys, Ch. J.,

gave the opinion of the Court, in which he said that every affidavit of a legal defence to the whole or a part of any cause' of action in any case in which a sworn copy of it is filed pursuant to the statute, must disclose the nature and character of that defense sufficiently to show to the court on the face of it, admitting the matter or matters of facts alleged in it to be true, that it constitutes a legal defence to the action in the case. This the affidavit of defence filed in this case wholly fails to disclose, and therefore judgment must be entered for the plaintiff on the motion, notwithstanding the affidavit of defence filed.

Stanley G. Flag & Co. v. Taylor, 14 A. 26, 13 Del. 165, 8 Houston 165, 1888 Del. LEXIS 9 (Del. Ct. App. 1888).

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