Fritz v. McGeehan

Koch, J.,

— The plaintiffs filed their statement of claim, and the defendant filed an affidavit of defence to both the merits and the law. Then the plaintiffs took a rule for judgment for want of a sufficient affidavit of defence, and the defendant subsequently filed another affidavit of defence again raising the same question of law.

It is bad practice to file an affidavit of defence to both the merits and the law of a case, but as the defendant has chosen to meet both the merits and the law, we will dispose of both. I think matters can be made most clear and simple by quoting from the…