
    ISRAEL v. ISRAEL.
    (Circuit Court, E. D. Pennsylvania.
    February 6, 1905.)
    No. 24.
    Overruling Motion for Judgment for Want of a Sufficient Affidavit of Defense.
    See 130 Fed. 237.
    Beck & Robinson, for plaintiff. David Waller-stein, for defendant.
   HOLLAND, District Judge.

The motion for judgment for want of a sufficient affidavit of defense cannot be sustained. The defense set up in the affidavit raises issues of fact which should be submitted to a jury, and, if proven to the satisfaction of the jury, the defendant may be entitled to a verdict, and the questions of law which must be considered by the court can be passed upon more intelligently after a full discovery of all the facts. Motion for judgment for want of a sufficient affidavit of defense is overruled.  