Mulkey

The transcript in this case contains two appeals, one from the judgment decreeing to plaintiff a divorce on the ground of adulter}», the other, from an order denying defendant’s motion to vacate and set aside the judgment.

The complaint was filed April 6,1891, and the defendant served with process April 8,1891.

On the twenty-first day of April, 1891, the defendant having failed to appear and answer, default was duly entered against her, and on the twenty-third day of April, 1891, the court, upon the testimony taken before it, found that all the allegations of the complaint were true, and thereupon judgment was accordingly entered granting to plaintiff a divorce from the defendant on the ground stated. The judgment awarded to plaintiff the four minor children, three of whom were girls, the eldest being about eight years of age, and assigned to plaintiff all of the community properfy.

The motion was made on all the grounds enumerated in section 473 of the Code of Civil Procedure, and upon the further ground of the disqualification of the presiding judge, and was heard on notice and affidavits of the defendant and others, including one of merits, and was resisted by opposing…