Johnson v. Johnson

Plaintiff commenced this action for divorce charging extreme cruelty upon the part of his wife. Defendant answered, denying the allegations of the complaint and filed a cross-complaint for maintenance and charging that plaintiff, her husband, had inflicted extreme cruelty upon her. On July 15, 1929, the case came on regularly for trial, both parties to the action being represented by counsel and the defendant being personally present in court. Thereupon evidence upon the part of both plaintiff and defendant was produced before the court. Judgment was given for the plaintiff as prayed and an interlocutory decree was duly entered. Findings were waived by the respective parties.

On September 19, 1929, appellant filed a motion to set aside the said interlocutory decree upon the ground that it was entered against appellant through her mistake, inadvertence and excusable neglect, and in support of her motion she filed her affidavit to the effect that at the trial of said action she was represented by G. R. Lessing and that said Lessing waived findings, that she did not consent thereto, nor did she know that if said findings were waived that an appeal could not be taken except upon the…