Kalson v. Percival

THE COURT.

Plaintiff appeals from an order setting aside a default and judgment against the defendant entered on motion under section 473 of the Code of Civil Procedure. Briefly, plaintiff’s contention is that the affidavit upon which the motion was based stated no meritorious case of surprise, mistake, inadvertence or excusable neglect, and therefore the court abused its discretion in setting aside the default., It is the well-established policy of the law to have legal controversies tried upon their merits, and unless it can he determined as matter of law that a trial court has abused its…