Morgan v. McDonald

Citations

• 70 Cal. 32
• 11 P. 350
• 1886 Cal. LEXIS 717

Syllabus

<p>Practice—Affidavit of Merits—Requisite Statements of—Setting' aside Judgment by Default. — On motion by a defendant to set aside a judgment by default, the affidavit of merits must state that he has fully and fairly stated the facts of the case to his counsel. A statement in the affidavit that he has fully stated the facts of his defense to his counsel is insufficient.</p> <p>Id. — Court cannot Waive Proper Affidavit. — On such a motion the court has no authority to waive a proper affidavit of merits.</p>