Anderson

Action for divorce. Plaintiff had judgment by default, and an order awarding to him the care and custody of two minor children, Milford, a son, fourteen years of age, and Evelyn, a daughter, aged nine years. This is an appeal from an order denying defendant’s motion to set aside the default judgment entered herein and refusal to disturb the order made in the interlocutory decree awarding the custody of the minor children to plaintiff. It is ad•mitted that the question of amending the decree as requested by defendant being discretionary, and there being conflicting affidavits on file touching the qualifications of the parties to the action, that an appeal from this portion of the order awarding the custody of the children to the plaintiff would be of no avail.

[1] The attack upon the order appealed from is therefore limited to that portion thereof refusing to set aside the default of defendant. It is apparent from a reading of the record that defendant never intended to contest the divorce action or make any defense therein. The suit as originally filed charged the defendant with cruelty and adultery. Defendant failed to plead within the time allowed by law and her default was…