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Riley Melvin and James E. Melvin, trading under the firm name and style of Melvin and Son, vs. Alvin B. Conner

Delaware Superior Court1905-10-30No. No. 70
5 Penne. 47621 Del. 476

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

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.