King

Plaintiff appealed from an “Order and Judgment” of the Superior Court of San Mateo County which denied the motion of plaintiff, Rena J. King, to vacate and set aside the interlocutory decree of divorce granted by said court on the 20th day of October 1961, and refused to vacate and set aside the property settlement agreement of the parties, dated the 3d day of October 1961, and incorporated in said interlocutory judgment and decree of divorce. Thereafter by “Notice of Partial Abandonment of Appeal” plaintiff abandoned her appeal as to that portion of the order and judgment denying plaintiff’s motion to vacate and set aside the interlocutory decree of divorce, and stated that she desired to pursue her appeal only from the ruling of the court denying her motion to set aside the property settlement agreement.

Question Presented

Did the trial court have jurisdiction to entertain the motion to set aside the property settlement agreement $

Record

On October 20, 1961, an interlocutory decree of divorce in favor of plaintiff was entered herein. The property settlement agreement dated October 3, 1961, was incorporated in the *638 decree. 1 On December 8, 1961, plaintiff filed a notice…