Roberts Electric Supply Co. v. Kidder

Opinion by

Trexler, J.,

The plaintiff filed his statement, the defendant his affidavit of defense. A rule for judgment for want of a sufficient affidavit of defense was entered. By leave of court, the defendant filed a supplementary affidavit of defense. The court thereafter made the rule for judgment absolute.

The defendant contends that before the court could enter judgment, an amended ¡affidavit having been filed, a new rule should have been entered. To this proposition we cannot assent. An amended affidavit is not a new one. It is merely a change or amplification of the original and is' to…