Bernstein v. Hamilton

O’Brien, J.:

I concur in the result. Too much weight is given to the affidavit. It seems to me that though one may have a good defense he need not insist upon it, but may waive it, and in so doing is not prejudiced in making any other application, or seeking any other relief to which he is entitled.

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.