Azadian

-Certiorari. The salient facts upon which the temporary writ herein was issued appear to be that on August 18, 1926, in an action for divorce pending between petitioner and his wife, Alma Azadian, wherein the default of said defendant for her failure to answer the complaint, or to appear therein, had been entered, the Superior Court caused to be entered on its official minutes an order granting to petitioner an interlocutory judgment of divorce from said Alma Azadian; that on August 24, 1926, such interlocutory judgment was entered; and that more than one year after the order for judgment, to wit, on the twenty-third day of August, 1927, on a motion made by the defendant, based upon the grounds of her surprise and excusable neglect, the Superior Court made an order vacating the default of the defendant and setting aside said interlocutory decree of divorce between said parties.

Among other things, section 473 of the Code of Civil Procedure contains a provision that the lower court may relieve a party from a judgment taken against 'him through his mistake, inadvertence, surprise, or excusable neglect, provided that application therefor be made within a reasonable time, but in no…