McNeal v. Beale

Potter, P. J.,

— In this case a statement and an affidavit of defence were duly filed. On Jan. 13, 1923, a motion was presented for judg-_ ment against the plaintiff for want of a “plaintiff’s reply,” which was allowed. On March 16, 1923, a rule was taken out on the defendant requiring him to show cause why this judgment entered in his favor on Jan. 13, 1923, should not be stricken off, and why judgment should not be entered in favor of the plaintiff for want of a sufficient affidavit of defence, and it is this rule we now have before us.

It is claimed by the plaintiff that no “plaintiff’s…