Milberg v. Keuthe

The opinion of the court was delivered by

Trenchard, J.

This is the appeal of the defendant below from a summary judgment in favor of the plaintiff for possession of the premises in an ejectment suit in the Supreme Court, entered upon an order made by a Supreme Court commissioner.

The record discloses that, after answer “filed” by the defendant, the plaintiff gave notice that he would move before “the Honorable William H. Speer, Circuit Court judge, as Supreme Court commissioner” to strike out the answer on the ground that the answer was sham and frivolous and disclosed no defence, and for…