Woodward v. Backus

Citations

• 20 Cal. 137

Syllabus

<p>The granting or refusing of a motion to set aside a default based upon affidavits is a matter within the proper discretion of the Court before whom the motion is made; and unless that discretion has been abused, the appellate Court will not interfere.</p> <p>On application by defendant to set aside a default, an affidavit by him stating that the case has been fully and fairly represented to counsel, who have advised affiant that he has a good, full and perfect defense on the merits, is. sufficient on that point, without stating the facts constituting the defense..</p>