Armstrong

The appellant herein seeks a review of two orders of the superior court; the first being an order setting aside a default interlocutory judgment of divorce, and the second order denying appellant’s motion to vacate the order setting aside such judgment.

The facts involved in this case, likewise of interest in the companion case, post, page 322 [ 183 P.2d 905 ], wherein the husband appeals from an order for the payment of the wife’s attorney fees and costs incident to the present appeal, may be briefly summarized. On June 19, 1945, the appellant wife, Ruth K. Armstrong, filed a complaint for divorce, charging extreme cruelty, seeking custody of two minor children and asking court approval of a property settlement agreement. Respondent was personally served with a copy of the summons and complaint in North Hollywood, California, on July 12, 1945, and on July 26, 1945, the respondent’s default was duly entered. On August 14, 1945, the appellant wife was awarded an interlocutory divorce with custody of the roinor children. Pursuant to the property settlement which was approved, appellant was awarded as separate property the home of the parties located in Burbank, with furniture and…