A written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before an officer having authority to administer such oath. Cox v. Stern, 170 111. 442, 48 N. E 900, 62 Am. St Rep. 3S5; Hays r. Loomis, S4 111. 18. An affidavit is a written declaration under oath, made without notice to the adverse party. Code Civ. Proc. Cal.
“This contention may or may not have merit. It is unnecessary now to consider it. The charge of bad faith against Berry is overborne by his affidavit of merits. That affidavit stands unchallenged and must be accepted as true.” Woods v. Berry, 111 Cal.App. 675