Friedman v. Southern Co-Operative B. & L. Assn.

Opikiox by

KmJUER, J.,

The plaintiff obtained a judgment against the defendant on November 6, 1930, for $1,292.19, for want of a sufficient affidavit of defense in an action of assumpsit. The plaintiff’s statement was inconsistent, in some respects, and if we were passing upon an appeal from the judgment entered we might not sustain it, because of such inconsistency, but the pleadings on this rule — to set aside the lien of the judgment on defendant’s real estate and the attachment execution issued thereunder— and the facts admitted by appellee in the brief filed, clear up the apparent…