Helbush

Petitioner has applied for a writ of certiorari to annul a final decree of divorce granted ex parte on April 10, 1929, by the Superior Court in and for the City and County of San Francisco. The facts upon which the application is based, as they are set forth in the petition, are as follows: On January 18, 1924, petitioner obtained an interlocutory decree of divorce from her husband upon the ground of extreme cruelty. After a lapse of five years, to wit, on February 15, 1929, she presented a motion to vacate said decree upon the ground, as stated in the affidavit filed in support of the motion, that shortly after the entry of the interlocutory decree the parties became reconciled and afterward cohabited with each other openly, notoriously and continuously" as husband and wife from July, 1924, until January, 1929, a period of nearly five years.. The motion was contested, and on April 5, 1929, was denied. Five days thereafter, to wit, on April 10, 1929, petitioner’s husband, being at the time represented by counsel who had not theretofore appeared of record in the divorce proceeding, applied ex parte to another department of said court for a final decree of divorce. At that time the…