Layton & Layton, Inc. v. Lawson

Citations

• 27 Del. 143
• 4 Boyce 143
• 86 A. 520
• 1913 Del. LEXIS 27

Syllabus

<p>1. Pleading—Motion for Judgment—Affidavit of Defense—Conclusiveness.</p> <p>On motion for judgment notwithstanding affidavit of defense, the averments of the affidavit must be taken as true.</p> <p>2. Judgment—Affidavit of Defense—Sufficiency.</p> <p>An affidavit that defendant believes he has a legal defense to the whole of plaintiff’s cause of action, in that on a specified date plaintiff previously obtained judgments against defendant in the same court and on the same cause of action, and that such judgments remain open and unsatisfied, whereby plaintiff is estopped to prosecute the suit, is' sufficient as an affidavit of defense.</p>