Twigg v. Twigg

Plaintiff moves for a summary judgment under rule 113, Civil Practice Bules. The complaint alleges a cause of action upon an account stated. The answer is a general denial. Buie 113 provides that when an answer is served in an action to recover a debt or liquidated demand arising on a contract “ the answer may be struck out and judgment entered thereon on motion, and the affidavit of the plaintiff or of any other person having knowledge of the facts, verifying the cause of action and stating the amount claimed, and his belief that there is no defense to the action, unless the defendant by…