Necessary

This is an appeal from an order entered in a divorce action granting plaintiff’s motion to set aside her default, the entry of default and the interlocutory judgment.

On January 13, 1960, plaintiff filed a complaint for divorce on the grounds of extreme cruelty and infliction of grievous mental suffering. Following filing of the complaint, the parties negotiated through their attorneys with respect to a property settlement. It was contemplated that the action would be heard as a default matter and that custody of the minor children would be awarded to plaintiff. During the interim the children remained with plaintiff, their mother, and were visited by defendant in the family home.

On May 14, 1960, defendant, accompanied by three other men, entered the family residence and found plaintiff in a compromising situation. Four days later defendant filed his answer and cross-complaint for divorce. This was four months after plaintiff’s complaint had been filed and during which time no default of defendant had been entered.

After the incident of May 14, 1960, plaintiff was advised by her attorney there was little hope for her to secure a fair division of the community property by…