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Grubb, J.: The statute says expressly that the defendant in his affidavit must state that there is a legal defense to the whole or a part of the cause of action setting forth the nature- of that ■defense. This affidavit does not admit any part to be due, but simply says there is a defense to the cause of action. We must" therefore order judgment notwithstanding the affidavit of defense.
Document Info
Docket Number: Action of Assumpsit on a book account No. 183
Citation Numbers: 19 Del. 11
Judges: Grubb
Filed Date: 6/4/1900
Precedential Status: Precedential
Modified Date: 7/20/2022