Sather

This is an appeal by defendant from an order denying her motion to set aside an interlocutory judgment of divorce and disallowing her application to file an answer. The complaint for divorce was upon the ground of desertion. Personal service of the summons was had upon the defendant, and failing to answer, her default was entered. On April 14, 1921, an interlocutory judgment of divorce was granted and entered in favor of plaintiff. On June 23, 1921, about six weeks subsequent to the entry of said interlocutory judgment, defendant filed two motions, one to set aside the interlocutory decree and the other for an allowance of counsel fees and alimony. The motions were noticed for hearing on July 1, 1921, and were heard by the court and denied on August 5, 1921. Defendant’s application for relief from the default is based upon her own affidavit, and the proposed verified answer, and the sole reason stated by appellant for failing to answer the complaint, within the statutory period, is that “at the time of the service of said process defendant was so sorely disheartened by the past conduct of plaintiff that she failed to defend said action, fearing that if she did so the plaintiff…