Francis v. Cox

Citations

• 33 Cal. 323

Syllabus

<p>Affidavit to open Default.—In an application, made on affidavits, to set aside a default and open a judgment, if the affidavit states that the defendant has disclosed the facts constituting his defence to his counsel, and he is advised by him that he has a good and valid defence, the facts constituting the defence need not be detailed.</p> <p>Idem—Counter Affidavits.—When, in an application to open a default, merits are shown by affidavits, counter affidavits cannot be received.</p> <p>Opening Default.—If the failure to answer is by mistake, and merits are shown on an application to open a default, the application should not be denied because the plaintiff admits merits as to part of his claim, and consents to exclude that part from the judgment.</p>