Henry Hubber Co. v. McAllester

Ehrlich, Ch. J.

The proofs on the part of the plaintiff clearly show that the defendant never supposed he had any defense to the action.

He practically acknowledged the debt in a letter written after suit was threatened, and promised to make no trouble, but confess the debt.

The defendant’s affidavit, in answer to the motion, fails to point out any defense.

He ought, under the circumstances, to have disclosed something meritorious in answer to the motion for judgment.

Though courts seldom grant motions to strike out sham defenses, the power exists (Code, § 538) and may be exercised where it is…