Superior Court of Delaware, 1905

Melvin v. Conner

Melvin v. Conner
Superior Court of Delaware · Decided October 30, 1905 · Lore
21 Del. 476; 5 Penne. 476; 62 A. 264; 1905 Del. LEXIS 46

Counsel

Rosewell Hammond and W. Watson Harrington for plaintiffs., George M. Jones for defendant.

Melvin v. Conner

Opinion of the Court

Lore, C. J.:

—You are too late to make that application now. That must be done by the first Friday of the term, and that time has passed.

We hold that the affidavit of defense is insufficient, in that it does not set out the nature and character of the defense relied upon, as must appear in such affidavit under the well settled rulings of this Court. We therefore order judgment to be entered notwithstanding the affidavit of defense.

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