Parrott v. Den

Citations

• 34 Cal. 79

Syllabus

<p>Judgment by Default.—An affidavit of merits is indispensable on a motion to set aside a judgment rendered by default.</p> <p>Affidavit of Merits in Case of Default.—If a sworn answer to the original complaint is filed, and an amended complaint is then filed to cure a technical defect in the original, and judgment is rendered by default, the answer to the original complaint cannot be treated as an affidavit of merits on a motion to set aside the judgment.</p> <p>Relief in Judgment by Default.—If the judgment is rendered by default, the relief granted cannot exceed that prayed for in the complaint.</p>