Horter v. Cohen

Opinion by

Tkexler, J.,

The court below refused to open the judgment which had been entered in this case for want of an affidavit of defense. The reasons that led the court to take this action were that there was an unreasonable delay in taking the rule' and that there was no meritorious defense presented. After the matter was decided and an appeal to this court had been taken, it was discovered that plaintiff’s statement had not been sworn to. Although tbis question was not raised in the court below, we are constrained to reverse the case, for the error is fundamental. Failure to swear to the…