Frantz v. Templeman Oil Corp.

Pennewill, C. J.,

delivering the opinion of the court:

It is true that under the Delaware statute the affidavit of defense must, to be effective, set forth not only a legal defense but the nature and character of such defense so that the court may pass upon the legal effect of the facts stated.

While this is true it is equally true that the court will not permit a plaintiff to enter judgment on an affidavit of demand, sometimes called a snap judgment, if there is an affidavit of defense filed, and there is anything in such affidavit which convinces the court that there is a legal defense to…