Hummel

Plaintiff appeals from an order denying her motion under section 473 of the Code of Civil Procedure to vacate an interlocutory decree of divorce previously granted defendant on his cross-complaint.

The parties were married on August 23, 1952. On July 20, 1954, plaintiff filed her complaint for divorce on the ground of extreme cruelty and alleged that certain parcels of real property were the community property of the parties. Defendant’s answer and cross-complaint admitted the allegation relative to the property. The trial court found that the previously mentioned real property was the community property of the parties; that plaintiff had been guilty of extreme cruelty; and that the real property should be sold forthwith and the net proceeds divided between the parties, 55 per cent to the defendant and 45 per cent to plaintiff. Plaintiff thereafter filed notice of her intention to move for a new trial on the grounds of newly-discovered evidence, insufficiency of the evidence to sustain the decree, and errors in law. The minutes of the court show that on the date set for hearing Mr. Lemmon of the law firm of Johnson and Lemmon, plaintiff’s then counsel, appeared but she did not.…