Smith v. Faust

Opinion by

Keller, J.,

Judgment for want of a sufficient affidavit of defense ought not to be entered when a material averment in the plaintiff’s statement, on which his right to recover a judgment depends, is sufficiently denied or disputed in the affidavit. The same rule applies to the entry of judgment in favor of a defendant for want of a sufficient plaintiff’s reply. On careful consideration of all the pleadings, — which by reason of many amendments are somewhat complicated, — we are of opinion that judgment should not have been entered against the plaintiff for want of a sufficient reply…