Uno Helgesson v. Jeanne Helgesson

In this diversity action on a foreign judgment for alimony the opinion of the district court, 1961, 196 F.Supp. 42, granting plaintiff’s motion for summary judgment adequately disposed of the defenses advanced before that court. An additional defense is sought to be asserted here. The record shows that the defendant was aware of the existence of this defense, if in fact it is one, prior to the hearing on the motion. It is too late now, both because it is an affirmative defense and was not pleaded, and because it was not raised at the hearing by affidavit. The purpose of summary judgment…