20 Del. 264
Decided February 17, 1903
Superior Court of Delaware · decided 1903-02-17
Action of Assumpsit The defendant filed an affidavit of defense, setting forth, inter alla, “ that he verily believes there is a legal defense to the whole of the cause of action in said suit, the nature and character of which defense is as follows: That the amount claimed to be due on the said book account sued upon in this action, is not owed to the said plaintiff by the said defendant, and no part thereof is due the said plaintiff by the said defendant.”
Decided 1903-02-17
¶1The affidavit of defense states a conclusion of law and not the facts upon which such conclusion is based. It sets out that the defendant does not owe the amount but does not state why, so that the Court can judge whether it is a legal defense or not.
¶2Let judgment be entered notwithstanding the affidavit of defense.