Wilkinson

This is an appeal by plaintiff wife from a nunc pro tunc order modifying a judgment entered in a default annulment proceeding. The order is appealable as an order made after judgment. (Code Civ. Proc., § 904.1, subd. (b).)

Wife sued for an annulment on August 2,1968, alleging that the marriage was void because defendant husband was married to another person. The complaint alleged that there was community property consisting of “household furniture and furnishings” and the prayer was “that the community property of the parties hereto be awarded to the [wife].” Husband did not answer and his default was entered October 25, 1968. The annulment decree was entered February 11, 1969, the last two paragraphs of which “awarded the community property” to the husband and ordered him “to pay to [wife] the sum of $500.00 representing the value of her portion of her community property.”

When wife sought to execute on the judgment, husband on May 22, 1969, moved for a stay of execution and for an order relieving him from default.

The trial court denied the motion to set aside husband’s default, and the parties through their counsel agreed that the court could treat the matter as one…