Nickerson v. California Raisin Co.
California Supreme Court
Appeal from a judgment and an .order refusing to set aside the same, in the Superior Court of the County of Placer. Myers, J.
1Opinion of the Court
Ross, J.:
To have justified the Court below in setting aside the default, an affidavit of merits on the part of the defendant was essential. Such affidavit must show that the defendant has fully and fairly stated the facts of the case to his counsel, before the advice of the latter could amount to a prima facie showing of merits on defendant’s behalf. It is obvious that a statement, such as is found in the affidavit in the present case, that, defendant has fully and fairly stated the said defendant’s defense in this action” to his counsel, does not answer *269the requirement. It might be that the…
2Cited by25 opinions
- Martin v. Superior CourtCalifornia Supreme Court · 1917
- Beard v. BeardCalifornia Supreme Court · 1940
- Rey v. BarclayCalifornia Supreme Court · 1891
- People ex rel. State Bd. of Harbor Comm'rs v. LarueCalifornia Supreme Court · 1884
- Greenamyer v. Board of Lugo Elementary School DistrictCalifornia Court of Appeal · 1931
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