Christie

Appeal is taken from an order vacating a final decree of divorce. By an interlocutory judgment of divorce made March 5, 1926, and entered March 8, 1926, it was adjudged that plaintiff was entitled to a divorce from the defaulting defendant. The judgment did not include or refer to the court’s order, also made on March 5th, awarding plaintiff certain household goods and the custody of the minor child of the parties and providing for the support of plaintiff and said child and the payment of attorney’s fees. Thereafter, on March 9, 1926, and without notice, plaintiff caused an amended judgment and order to be signed, reciting therein “that an interlocutory judgment was entered herein on the 8th day of March, 1926, but through inadvertence did not set forth the court’s order as made on the 5th day of March, 1926,” and again adjudging plaintiff to be entitled to a divorce and embodying the provisions of the March 5th order as to custody and support of the minor child, etc. This latter judgment and order did not by its terms purport to set aside or vacate the first interlocutory judgment. It was duly docketed and entered March 10, 1926.

On March 9, 1927, on motion of plaintiff, the…