Hance Hardware Co. v. Howard

Rodney, J.,

delivering the opinion of the Court:

It is unnecessary for us, in this case to determine whether or not the bare allegation of “no consideration” is sufficient in an affidavit of defense. There is much authority to the effect that it is a mere conclusion which should be supported by the facts and circumstances. These facts *211and circumstances in this case are set out by the defendant and on these the defendant must rely. The Statute concerning the manner of obtaining judgments at the first term on certain stipulated causes of action (including the present) requires that the defendant…