Lynch v. Wolfinger

Opinion by

Beño, J.,

The court below sustained defendant’s affidavit of defense raising questions of law, and entered judgment for the defendant. A similar affidavit had been previously sustained and the amended statement of claim, drawn into question by the second affidavit, was filed pursuant to the opinion and order of the court. The court felt justified in entering judgment, instead of allowing further opportunity to amend, when plaintiff’s second attempt failed to meet its approval. Plaintiff appealed.

The statement of claim was not skilfully drawn, and deserved criticism, but we do not…