Bottom

Appellant (plaintiff in this action) appeals from a judgment in favor of respondent in an action to set aside a default and default judgment in a divorce action in which appellant was the defendant.

Questions Presented :

1. Sufficiency of the evidence to support finding that appellant received notice that his default would be taken.

*239 2. Were other findings supported: (a) that appellant did not allege good and sufficient defense to the divorce action; (b) as to appellant’s take-home pay.

3. Alleged failure to find whether or not Attorney Kennedy received the letter of May 24.

4. Denial of second and third amendments to complaint.

Record

Respondent filed complaint for divorce March 14,1956. Appellant was served with summons and complaint on March 29. Some weeks thereafter a reconciliation was attempted but it failed to work out. Appellant then retained Attorney Wainwright to represent him, who informed appellant that he had a good defense to the action. July 21 Wainwright telephoned respondent’s attorney, Fontaine, informed him that he was representing appellant, and requested that default not be taken without notifying Wainwright in advance. July 27 Wainwright wrote…