Meadows v. Emett & Chandler

I concur. The main opinion does not in express terms meet the respondent’s argument that there was no sufficient affidavit of merits. An affidavit of merits was originally filed which omitted the classic phrase “that he has stated all of the facts of the case” to his counsel (25 Cal.Jur. 901-902) and substituted therefor the statement: “Said counsel is more familiar with the facts of this case than is affiant. ’ ’ An amendment to this affidavit was filed in which it is expressly stated “ (t)hat prior to the execution of said affidavit *500(the original affidavit of merits) ... I had fully and…