File No. 47721Superior Court Fairfield County
Present: Hon. JOHN A. CORNELL, Judge.Dwyer Smith, Attorneys for the Plaintiff.
Page 64
An affidavit to the effect that the affiant believes there is no defense to the action is a pre-requisite to the entry of a summary judgment.
MEMORANDUM FILED JUNE 25, 1935.
CORNELL, J.
Among the other pre requisites prescribed for the entering of a Summary Judgment is that the affidavit contain a statement to the effect that the affiant believe there is no defense to the action. Practice Book, #53.
There is not such a statement in the affidavit accompanying the motion in this instance.
Under the circumstances here, would not a judgment by default be in order? See Practice Books #47 and #187.
The instant motion is denied for the reason stated, supra.