McDonald

Defendant appeals from an adverse judgment.

The action was one in which plaintiff sued for divorce on the ground of cruelty. On October 7, 1913, the default of defendant, Annie McDonald, was entered. Thereafter she gave notice of motion for an order setting aside the default and for a further order dismissing the action, announcing that the motion for the order opening the default would be based upon the ground of her excusable neglect, inadvertence, and surprise, while the other relief would be demanded upon a showing of condonation occurring since the commencement of the action. The notice of motion was accompanied by an affidavit of Annie McDonald in which she deposed that she and the plaintiff had lived together after the commencement of the suit for divorce and had agreed to dismiss said action; that depending upon plaintiff’s promise to dismiss the suit she did not cause an answer to be filed; and that she had “fully and fairly stated the facts” in the “action” to her counsel, who advised her that she had “a good and meritorious defense to said action.” The motion came on for hearing on October 15, 1913. Defendant was called and examined upon her affidavit, and plaintiff…