Erdelyi v. Erdelyi

Under foreclosure, in equity, of a real estate mortgage plaintiff obtained a decree for deficiency against defendant and brought this action at law thereon. Plaintiff moved for summary judgment. Defendant filed no affidavit of merits but invoked the provisions of Act No. 98, Pub. Acts 1933, as last amended by Act No. 3, Pub. Acts 1935, and summary judgment was denied. No moratorium relief was asked except it be found in the invoked prohibition of the mentioned statute.

The court held that the following proviso attached to section 3 of the act as amended precluded entry of judgment:

“Provided…