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eBook details

• Title: Huff v. Flynn
• Author : Arizona Supreme Court
• Release Date : January 21, 1936
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 48 KB

Description

There are a number of questions of practice presented on the appeal, but the vital one is whether or not the trial court erred in granting the motion to set aside the judgment and default. We have had questions of this nature before us repeatedly, and have laid down the following rule. In order that any judgment and default may be set aside, it is incumbent upon the moving party to show by a properly verified motion (a) excusable neglect for the default, and (b) a prima facie defense on the merits. Beltran v. Roll, 39 Ariz. 417, 7 P.2d 248. Plaintiff contends that since the motion was verified by defendants attorney, and not by defendant himself, the verification is insufficient. We think that a verification by an attorney is sufficient if it appears that he was acquainted with the facts upon which the particular pleading is based. Weigel v. Hohn, 45 Ariz. 81, 39 P.2d 933; Collins v. Streitz, 47 Ariz. 146, 54 P.2d 264. The verification states that the matters contained in the motion are true of the attorneys own knowledge, in substance and in fact, and we must assume, in the absence of a showing to the contrary, that this is true.

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