Hamilton

This is an appeal from an order made in the minutes of the court of March 10, 1911, “denying defendant’s motion to set aside and vacate the default judgment made and entered against defendant herein on the 13th day of September, 1910, and permitting defendant to appear and answer, and from the whole thereof.” The only judgment found in the transcript appears to have been entered and filed on September 8, 1910.

It appears that plaintiff brought her action against defendant for divorce on the ground of extreme cruelty. The complaint was filed August 27, 1910, and duly served on the same day, and, on September 8, 1910, the interlocutory decree of divorce was duly made and entered, reciting, among other things, that on said last mentioned day the cause came on regularly for trial, “upon plaintiff’s complaint herein taken as confessed by the defendant, whose default for not answering had been duly entered, and upon proof taken herein from which it appears that all the allegations of. the complaint are true . . . and that said defendant was duly and regularly served, at San Francisco, California, with the summons issued in the action, ’ ’ etc.

The grounds of the motion as therein…