Will v. The Lytle Creek Water Co.

Citations

• 100 Cal. 344
• 34 P. 830
• 1893 Cal. LEXIS 795

Syllabus

<p>Vacating Judgment by Default—Discretion of Court—Mistake of Stenographer—Misnomer of Corforation^Dbfendant—Diligence. The court has discretion to grant a motion to set aside a judgment by default, because of a mistake made by the stenographer of the attorney for the defendant, in writing the defendants corporate name in the title to a demurrer, so as to express the name of a different corporation having partly the same name with the defendant, which mistake was not discovered until two or three days after the entry of the default, whereupon the defendant, without laches, moved promptly to have the default set aside.</p> <p>Id.—Affidavit of Merits.—An affidavit of merits upon a motion to set aside a default which states that the affiant is personally familiar with the facts connected with the transactions upon which the action is brought; that he knows of his own knowledge of facts which constitute a full, meritorious and legal defense to the action, and that the defendant has a complete defense thereto, is sufficient.</p> <p>Id.—Affidavit by Counsel.—An affidavit of merits upon a motion to set aside a default is not objectionable on the ground that it is made solely by counsel for the defendant.</p>