Nolte

Appeal by the plaintiff from an order vacating a final decree of divorce. On the twenty-eighth day of June, 1909, the case was tried and submitted to the court for decision. On June 28, 1910, an interlocutory decree was signed, together with an order “that the foregoing decree be entered nunc pro tunc as of June 28, 1909.” This decree was entered July 5, 1910, as of June 28, 1909. On July 1, 1910, a final decree of divorce, purporting to be based upon such interlocutory decree entered nunc pro tunc as aforesaid, was signed by the judge. This decree was entered July 6, 1910. On the twelfth day of November, 1912, the court, upon its own motion, entered an order setting aside and vacating said final decree “because it was entered within a week after the actual entry of interlocutory decree of divorce.” It is from this last mentioned order that the appeal is taken.

We find in the transcript an affidavit made by the plaintiff’s attorney and sworn to on July 1, 1910, which the appellant claims contains a statement of the facts which led the court to make its order for nunc pro tunc entry of the interlocutory decree. This affidavit comes into the transcript under a certificate…