Poole v. Hudson

Caret, Judge:

The question for decision is whether the defendant’s affidavit “shows on its face a condition of facts which, if true, would constitute a legal defense” to plaintiff’s scire facias action. 1 Woolley Delaware Practice 197. More specifically, is it a complete defense in this case to show that Mrs. Hudson was “under the influence of opiates and did not know the nature and character of the papers she signed”?

The affidavit suggests, hut does not expressly aver, mental incapacity at the time of the transaction. It was held in Delaware, at a very early date, that drunkenness, even…