Teller v. Sommer

Per Curiam: There was no error in refusing to enter judgment against defendant for want of a sufficient affidavit of defence. Assuming, as we must, for the present that the facts averred in the affidavit of defence are true, they are sufficient to entitle the defendant to a jury trial. Appeal dismissed at the costs of the plaintiff, but without prejudice to his right to trial by jury, etc.