Opinion
Jury Trial Waived, No. 113.
Filed December 23, 1895.
PRACTICE: AFFIDAVIT OF DEFENCE.
The defendant's affidavit set out "that I have a good and valid defence to a part of the plaintiff's claim; that said defence consists in this, that the account rendered is incorrect and that prices charged for material furnished are higher than was agreed upon at the time of purchase. I make this affidavit from my best knowledge and belief and that such defence will prevail."
Hayes Hayes, for plaintiff.
T.H. Crowley, for defendant.
RESCRIPT.
Section 59, of the amendments to the Judiciary Act, requires that a defendant, to entitle himself to defend, shall make an affidavit only "that in his opinion there is a good and valid defence, and in what said defence consists." The defendant's affidavit in the present suit is a substantial compliance with this provision.
Reenacted, Gen. Laws R.I. cap. 239, § 14.
Motion for judgment for want of sufficient affidavit denied.