Garaca v. Lusco

FOSTER, Justice.

To an action on a note against appellant, he filed a plea of set off, and had it served on counsel for plaintiff under section 10181, Code. Plaintiff having failed to plead to such plea within thirty days, a judgment by default was rendered against plaintiff. Plaintiff then made a motion to set aside the default. The court granted the motion, and from the judgment doing so, defendant appealed.

The chief insistence here made is that the court was without power to grant such a motion which does not have an affidavit that there is a good and lawful defense to the plea. Reliance is…