Boris

This is an appeal from an order denying a motion to vacate a default interlocutory judgment of divorce. A complaint in divorce was filed by the plaintiff on April 8, *723 1957, wherein she charged the defendant with extreme cruelty, and also alleged the usual statutory requirements, and further set forth that there was certain described community property of the parties. She requested: a divorce; that the property be distributed pursuant to law; support and maintenance for herself; a reasonable attorney’s fee; restoration of her former name and other customary demands.

The defendant engaged an attorney who represented him until after the interlocutory decree of divorce was granted. The attorney so engaged consulted with the defendant, prepared an answer wherein the defendant, among other things, set forth that the community property consisted solely of a trailer court business (which trailer court business was not mentioned in the plaintiff’s complaint). The answer was filed on April 26,1957.

On July 12, 1957, the attorney for the wife filed a “Memorandum for Setting Contested Action.” On October 17, 1957, the cause was set for trial on February 14,1958. A “Notice of Trial”…