Elias

This is an appeal from an order setting aside the default of the defendant and setting aside an interlocutory decree in a divorce action. The transcript shows that the action was commenced June 10, 1930; that a summons issued and was personally served on the defendant by delivering him a copy of the summons and a copy of the complaint on the eleventh day of June, 1930; that he did not appear; that his default was entered June 23, 1930; and that on June 25, 1930, the default case was tried and on that date an interlocutory decree of divorce was entered. Thereafter the defendant served a notice that he would move to set aside the default and interlocutory decree because the decree was taken against him “through defendant’s mistake, inadvertence, surprise and excusable neglect, and on the further ground that said default was taken and said interlocutory decree made through the fraud and misrepresentation practiced on said court and said defendant by the plaintiff. ...” On the hearing of the motion the defendant introduced in evidence the notice, the complaint, the summons and the return thereon, the. interlocutory decree, his own affidavit, and a copy of the answer and…