
    PROVIDENCE COUNTY.
    New England Steam Brick Co. vs. Israel Dube.
    Jury Trial Waived,
    No. 113.
    PRACTICE : AFFIDAVIT OF DEFENCE.
    The defendant’s affidavit set out “that I have a good and valid' defence to a part of the plaintiff’s claim ; that said defence consists- in this, that the account rendered is incorrect and that prices charged for material furnished are higher than was agreed upon at the time of purchase. I make this affidavit' from my best knowledge and belief and that such defencé will prevail.”
    RESCRIPT.
    
      Hayes & Hayes, for plaintiff.
    
      T. H. Crowley, for defendant.
    
      Filed December 23, 1895.
    
   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.

Motion for judgment for want of sufficient affidavit denied, 
      
      Reenacted, Gen, RawsR. I. cap. 339, § 14.
     