Merits, Affidavit Of

Merits, affidavit of. This instrument is necessary when a defendant seeks to set aside, for irregularity, a judgment signed or other proceeding. The term 'merits,' in an affidavit of this nature, is to be read in a technical sense, and is not to be understood to be confined to strictly moral and conscientious defences; and defences of the Statute of Frauds or Limitations, and of Bankruptcy and Infancy, are defences on the merits, 2 Chit. Arch. Prac.