Macbeth

This is an appeal from an order refusing to set aside defendant’s default and vacate a decree of divorce entered thereon.

On March 30, 1928, plaintiff commenced this action for divorce alleging, as grounds therefor, desertion and wilful neglect. Service by publication was had. An interlocutory decree was granted to the plaintiff on July 27, 1928. On June 14, 1929, defendant moved to have his default set aside and the decree vacated on the ground of extrinsic fraud. The requested relief was denied. An appeal from the order of denial was dismissed by this court on March 4, 1930. On April 11, 1930, a final decree of divorce was entered in favor of plaintiff. On June 25, 1930, approximately twenty-three months subsequent to the taking of defendant’s default and the entry of the interlocutory decree, defendant filed what is designated as “Notice of Amended Motion ... to Set Aside Default, etc. ” This motion was based on substantially the same grounds as its predecessor, viz., extrinsic fraud in the entry of defendant’s default and in the procurement of the interlocutory decree. Of course, despite its designation, .this later motion must be regarded as an independent and separate…