Cottrell

— This is an appeal by plaintiff from an order setting aside a judgment in her favor.

The action was for divorce, and the defendant had filed a verified answer denying all the averments 'of the complaint. On May 24, 1887, the presiding judge of the superior court of San Francisco made an order transferring the case from department No. 1 of said court, in which it was pending, to department No. 8 of said court. On the same day the case was taken up for trial in department No. 8, in the absence of defendant or his counsel, and judgment was on said day entered *459 for plaintiff. Notice of the judgment was immediately served on defendant’s counsel, who, on the same day, May Ü4, 1887, gave notice to plaintiff’s counsel of a motion for an order to set aside the proceedings, “on the ground that the transfer of said cause from department No. 1 to department No. 8 was made without notice to or the consent of said defendant, and all proceedings had in said department No. 8 were without notice or knowledge of defendant or his counsel.” On the day set for the hearing, the order was granted, and from this order plaintiff appeals.

Matters such as that involved here are largely in the…