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RESCRIPT. Section 59, of the amendments to the Judiciary Act,1 requires that a defendant, to entitle himself to defend, shall make an affidavit only "that in his opinion there is a good and valid defence, and in what said defence consists." The defendant's affidavit in the present suit is a substantial compliance with this provision.
Motion for judgment for want of sufficient affidavit denied.
1 Reenacted, Gen. Laws R.I. cap. 239, § 14.
Document Info
Docket Number: Jury Trial Waived, No. 113.
Citation Numbers: 37 A. 14, 19 R.I. 397, 1895 R.I. LEXIS 104
Judges: Matteson
Filed Date: 12/23/1895
Precedential Status: Precedential
Modified Date: 10/19/2024