Jenkins v. Gamewell Fire Alarm Telegraph Co.

Citations

• 3 Cal. Unrep. 655
• 31 P. 570
• 1892 Cal. LEXIS 1065

Syllabus

<p>Judgment by Default—Affidavit to Set Aside.—An affidavit to set aside a judgment by default is not sufficient where it shows that defendants served notice of appearance on plaintiff’s attorneys, but does not show that they agreed to extend defendants’ time to answer, or that defendants supposed their time had been extended.</p> <p>Judgment by Default.—An Affidavit of Merits, Stating Facts on information and belief, is insufficient, as being hearsay.1</p>