Michigan Supreme Court March 2, 1937, Docket No. 20, Calendar No. 39,174. (Erdelyi v. Erdelyi)

Wiest, J.

Under foreclosure, in equity, of a real estate mortgage plaintiff obtained a decree for deficiency against defendant and brought this action at law thereon. Plaintiff moved for summary judgment. Defendant filed no affidavit of merits but invoked the provisions of Act No. 98, Pub. Acts 1933, as last amended by Act No. 3, Pub. Acts 1935, and summary judgment was denied.