Bottom

Plaintiff Isiah L. Bottom brought this action to set aside or enjoin the enforcement of an interlocutory decree of divorce, He alleges that on March 14, 1956, defendant Kathryn M. Bottom filed a divorce action against him in the Alameda County Superior Court; that he was served with a copy of the summons and complaint on March 29, 1956, and that thereafter the parties became reconciled and lived together until July 13, 1956; that subsequently, on June 10, 1957, plaintiff’s default was entered for failure to answer the complaint in the divorce action, and on June 24, 1957, a default judgment was entered awarding Kathryn an interlocutory decree of divorce upon the ground of cruelty. Plaintiff additionally alleges that said judgment was procured through “extrinsic fraud practiced upon the court,” in that Kathryn fraudulently concealed from the court her reconciliation with the plaintiff “which if disclosed would have rendered improper the granting ... of such interlocutory decree of divorce”; that he had a good and sufficient defense to the divorce action, and that he had no knowledge of the judgment until January 1958. He prayed that the judgment be declared null and void and that…