COLLINS, J., delivered the opinion of the Court.
This is an appeal from an order striking out an enrolled or final judgment.
The appellant, plaintiff below, filed on June 22, 1951, a declaration under the common counts and a special count for eggs sold and delivered to the appellee, defendant below. Accompanying the declaration was a Motion for Summary Judgment, notice to the defendant to make a defense within the time allowed by law or rule of court, Affidavit...
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