Drizhal

This is an appeal from an order denying a motion to vacate and set aside a default judgment.

The plaintiff, sometimes hereinafter referred to as the husband, brought an action in divorce in Los Angeles County. He had consulted his attorney about bringing an action in divorce in February, 1957, under the name of Harold B. Hall, a name he had gone under or' used for over 20 years. His wife has used the name Mildred Dolores Hall, and the four children of the marriage “were known under and used the name Hall.” He did not tell his attorney at that time that his true name was Harold J. Drizhal, and that he and his wife had been married under the name of Drizhal. He further stated that he had become “so accustomed to the name of Hall that he forgot his true name.” The action was filed under the name of Hall. In the complaint it was charged that the wife had been guilty of extreme cruelty, that there was certain community property and that there were four children of the marriage. The husband sought the property, a divorce and the custody of the children. Service was by publication of the summons.

The mother of the wife petitioned for an order for the appointment of a guardian ad litem.…