Stern v. Lancaster

Opinion by

Porter, J.,

The plaintiff brought an action of trespass against the defendants in the court below. There was, at that time, a rule of the court below permitting the plaintiff in ac*29tions ex delicto to take judgment for want of an affidavit of defense, and this defendant attempted to comply with that rule by filing such an affidavit. The court subsequently made absolute a rule for judgment for want of a sufficient affidavit of defense. It is proper here to state that this was done prior to the decision of this court holding the rule of court in question invalid, so far as it applied to…