Carp

Plaintiff in her complaint alleges three causes of action. The first cause of action is to set aside an interlocutory decree of divorce granted to August Carp, defendant herein and plaintiff in the divorce action, on the ground of ignorance of the fact that she was served with summons in such divorce action. She admits the delivery to her of the summons and copy of the complaint, but claims that “by reason of her state of mind as aforesaid plaintiff did not think of and did not recall the delivery of said paper writings upon her, as aforesaid, and did not connect the same with the relations between herself and her husband, and did not know that an action for divorce was pending by the parties hereto, but believed that said paper writings concerned said property and the said Selma Aster.” Defendant in his answer denies these facts alleged, and as a separate defense alleges that after the interlocutory decree had been granted the appellant here has served affidavits praying for an order to set aside the interlocutory divorce decree upon the identical grounds set up in this action; that such motion was duly heard upon affidavits and that on June 8, 1923, the superior court of…