Bonfilio v. Ganger

This appeal involves the setting aside and vacating of a default and judgment by default, and presents for determination the question of an alleged abuse of discretion by the trial court in granting said relief on the grounds specified in Code of Civil Procedure, section 473.

The motion to set aside the default and judgment thereon were made upon the record and affidavits, counter-affidavits and the proposed answer to the complaint, and these now comprise for the most part the transcript on appeal. The complaint herein is not a part of the record. The answer, which accompanied the motion and…