Carp

This is an original application, made upon notice given by petitioner to respondents, for a writ of mandate to compel the respondent Court to enter a final decree of divorce in an action prosecuted by the petitioner against his wife, Hilma Carp.

The wife did not appear in that action and an interlocutory decree of divorce was entered in favor of the husband on the fifteenth day of February, 1923. The wife did not appeal or move for a new trial. Within due time she moved the Court to set aside the interlocutory decree “on the ground of accident, surprise, excusable neglect, and that no service of the summons had been made on said Hilma Carp.” The motion was denied June 8, 1923. January 25, 1924, the wife commenced a suit in equity to set aside the interlocutory decree on the ground that the husband had fraudulently prevented her from appearing in the divorce action and making a defense. On the thirtieth day of October, 1925, judgment was entered therein against the wife. November 3, 1925, the wife made a motion for a new trial in that action, and on the 28th of that month the motion was denied. November 30th she duly appealed from the judgment therein and the appeal is still…