Selly v. Fleming Coal Company

Rodney, J.,

delivering the opinion of the Court:

The judgment must be refused at this time. Notwithstanding the value of the Statute as preventing unnecessary delay in litigation, the Courts of this State have never been inclined to unduly extend the language of the Statute and uniformly have refused judgment when a reasonable doubt existed as to the right of the plaintiff to what has been termed a “snap judgment.” Several cogent reasons suggest themselves as preventing the judgment on the affidavit of demand in the present case.

It has been held in this State that an affidavit of demand must be…