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POOLE v. HUDSON

Civil Action No. 58.

83 A.2d 703 (1951)

POOLE v. HUDSON et ux.

Superior Court of Delaware, New Castle.

August 13, 1951.

Attorney(s) appearing for the Case

August F. Walz (of Hastings, Stockley & Walz), Wilmington, for plaintiff.

Henry A. Wise, Jr., Wilmington, for defendant Martha R. Hudson.

No appearance for defendant J. Gerald Hudson.

CAREY, J., sitting.

CAREY, Judge.

The question for decision is whether the defendant's affidavit "shows on its face a condition of facts which, if true, would constitute a legal defense" to plaintiff's scire facias action. 1 Woolley Delaware Practice 197. More specifically, is it a complete defense in this case to show that Mrs. Hudson was "under the influence of opiates and did not know the nature and character of the papers she signed"?

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