Brennan v. Friedell

Henry M. Gallagher, Chief Justice.

Plaintiff appeals from an order overruling his demurrer to defendant’s answer as not stating “facts sufficient to constitute either a defense or counterclaim.” The court certified the question to be “important and doubtful.”

This action was brought to renew a personal judgment entered January 30, 1933, for $5,459.12. The complaint alleges “that no part thereof has ever been paid except the sum of $3,614.10 paid thereon by execution and sale” on April 2, 1941. The amended answer admits the entry of judgment against defendant, but alleges by way of avoidance…