Chiarodit

This is an appeal from an order setting aside the default of defendant in a divorce action and vacating an interlocutory decree, and ordering plaintiff to pay to the defendant $400 for medical and hospital bills. On April 8, 1930, the appellant commenced an action against the defendant alleging that she had been guilty of extreme cruelty and seeking a severance of the matrimonial ties. He also alleged a prenuptial agreement by which defendant re- . leased all claims to any property then owned by him or which he might thereafter acquire. Respondent appeared, by a demurrer to the complaint which was sustained by the court on April 29, 1930. Not until June 4, 1930, did the appellant file an amended complaint. On June 16th the default of respondent was entered and on June 20, 1930, the court granted appellant an interlocutory decree, which was entered June 23, 1930. On May 22, 1930, the parties by an executed agreement canceled the prenuptial agreement and settled their property rights. However, on December 19, 1930, respondent served and filed a notice of motion to set aside the default, vacate the interlocutory decree, and for an order for the support of respondent and an unborn…