
    INVESTOR’S MORTGAGE & GUARANTEE CO. vs. MARY DE GAEMO, ET UX.
    Superior Court Fairfield County
    File #47721
    Present: Hon. JOHN A. CORNELL, Judge.
    Dwyer Smith, Attorneys for the Plaintiff.
    
      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.  