Delaware Manufacturing Investment Co. v. Summons Finance Corp.

Harrington, J.,

delivering the opinion of the court:

The sole question to be determined is whether the affidavit of defense is sufficient to prevent the entry of judgment on the affidavit of demand.

The statute (Rev. Code 1915, § 4169) provides that in actions on mortgages and certain other obligations, judgment by default, notwithstanding the appearance of the defendant, shall be entered where an affidavit of demand is filed, unless the defendant shall file an affidavit stating “that he * * * verily believes * * * [that] there is a legal defense to the whole or part of such cause of action, and…