Hance Hardware Co. v. Howard

Terry, J.,

delivering the opinion of the Court:

*203We shall first determine the sufficiency of the affidavit of defense as filed.

The procedure under Section 4648 of the Rev. Code of Del., 1935, dealing with affidavits of demand and defense, is of a summary nature wherein the rights or advantages accruing to the parties are wholly statutory and technical in their scope.

At Common Law such procedure as set out under Section 4648 aforesaid did not exist wherein summary or snap judgments could be obtained by a plaintiff to an action. However, the Legislature in its wisdom prescribed a manner as set out…