Ramacciotti

This is an appeal from a judgment and order denying a motion made by appellant to set aside and vacate an interlocutory decree of divorce made, rendered and entered in the court below. This decree, together with the findings of fact and conclusions of law in the case, were prepared by appellant through her attorneys at that time. The findings, conclusions and decree were signed by the court at the request of appellant and were filed in the regular way. The appellant now, through substituted attorneys, complains that the decree, as entered, is absolutely void on its face, and is a mere nullity by reason of certain defects of form. The decree complained of is dated December 10, 1929, and on December 8, 1930, appellant served upon the attorneys for respondent a notice of motion to set aside the decree, which motion came on regularly for hearing on December 19, 1930, following which the motion was denied and this appeal follows.

No motion for new trial was ever made by either of the parties to the action, no appeal from the interlocutory decree of divorce was ever taken, and this appeal comes to us on the judgment-roll alone. The portion of the interlocutory decree complained of by…