Nickerson v. California Raisin Co.

Citations

• 61 Cal. 268
• 1882 Cal. LEXIS 594

Syllabus

<p>Affidavit of Merits—Default.—Upon a motion to set aside a default, the affidavit of merits must show that the defendant has fully and fairly stated the facts of the case to his counsel, before the advice of the latter can amount to a prima facie showing of the merits on defendant’s behalf. An affidavit, that defendant has “fully and fairly stated the said defendant’s defense in this action” to his counsel, does not answer the requirement.</p>