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NEW ENGLAND STEAM BRICK CO. vs. ISRAEL DUBE.

PRACTICE: AFFIDAVIT OF DEFENCE.

RESCRIPT.

MATTESON, C.J.

Section 59, of the amendments to the Judiciary Act, 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.

Reenacted, Gen. Laws R.I. cap. 239, § 14.

Motion for judgment for want of sufficient affidavit denied.

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NEW ENG. STEAM BRICK CO. v. DUBE
(Dec 23, 1895)