Potts v. Wells

19 Del. 11 | Del. Super. Ct. | 1900

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.