Archibald

brought this suit for the purpose of securing a divorce. Service of summons was had by publication thereof, and the default of the defendant was duly entered. [1] The case came on for hearing and the plaintiff failed to produce sufficient evidence corroborating his testimony, and the court made findings and judgment denying the decree sought. Several months thereafter plaintiff appeared and moved to set aside the judgment under the provisions of section 473 of the Code of Civil Procedure, on the ground that, as stated in his notice of motion, “said judgment was taken against the plaintiff to his surprise. ’ ’ At the time of the hearing of this motion the plaintiff offered in evidence the deposition of a witness taken after the first hearing had in the case, which deposition contained sufficient testimony to afford corroboration of the facts testified to by the plaintiff. The contention made by plaintiff’s counsel at the hearing of the motion, and as expressed in the affidavit submitted, was that he had understood the trial judge at the hearing to 0 say that he would allow the case to remain open for the introduction of further testimony. Upon the record presented we cannot…