Connecticut Superior Court, 1935

Investor's Mortgage & Guarantee Co. v. De Gaemo

Connecticut Superior Court · Decided June 25, 1935 · Cornell, Hon

2 Conn. Supp. 63; 1935 Conn. Super. LEXIS 203

Counsel

Dwyer Smith, Attorneys for the Plaintiff.

Opinion of the Court

CORNELL, J.

Among the other pre-requisites prescribed for the entering of a Summary Judgment is that the affidavit contain a statement to the effect that the affiant believe there is no defense to the action. Practice Book, #53.

There is not such a statement in the affidavit accompanying the motion in this instance.

Under the circumstances here, would not a judgment by default be in order? See Practice Books #47 and #187.

The instant motion is denied for the reason stated, supra.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.