Gracier v. Weir
45 Cal. 53
Cal.
1872
Check Treatment
By the Court:

Upon the motion of the appellant to be admitted to defend the action, the respondent was permitted to file affidavits contradicting the allegation of merits contained in the moving papers. This is not proper practice. The order is reversed without costs, and the Court below directed to set aside the default, and permit the appellant to file an answer upon such terms as may be proper.