Douglass v. Todd

Haynes, C.—

Appeal from an order vacating a judgment entered against defendant upon default.

The affidavit of defendant stated facts showing a sufficient defense to plaintiff’s action, at least as to the first cause of action.

Plaintiff filed a counter-affidavit, which it is contended rebuts the facts stated in defendant’s affidavit.

It is well settled that a default will not be set aside unless a sufficient affidavit of merits is filed; but proper practice does not permit the facts stated in defendant’s affidavit, which constitute his defense to the action, to be rebutted by counter-affidavits.…