Davenport v. Whittier Mills Company

(After stating the foregoing facts.) It is well-settled law, by repeated decisions of the Supreme Court and this court, that in a dispossessoryrwarrant case, where the defendant has filed a counter-affidavit and given the required bond, the only questions to be determined on the trial of the case in the superior court are the issues raised by the plaintiff’s affidavit and the counter-affidavit; and that where the counter-affidavit fails to deny any basic allegation of fact contained in the affidavit of the plaintiff, such allegation is treated as admitted by the defendant. Mitchell v. White,…