CHASE NATIONAL BANK v. KROUSE

Practice — Judgment for want of sufficient affidavit — Doubt.

Where a doubt exists as to whether a summary judgment for want of a sufficient affidavit of defense should be entered, this should be resolved in favor of refusing to enter it. [284]

Argued October 8, 1934.

PER CURIAM, November 26, 1934:

This is not such a clear case as to warrant a judgment for want of a sufficient affidavit of defense. The lower court refused judgment, from which order plaintiff appealed. The dismissal of the rule is affirmed on the opinion of Judge EGAN.