Fayad

On October 25, 1962, a default judgment of divorce was entered against appellant. The decree divided the *681 community property of the parties, 1 ordered the appellant to pay one dollar a month alimony, and awarded the custody of the two minor children to the respondent.

On November 7, 1962, appellant, pursuant to Code of Civil Procedure, section 473, moved for an order to set aside the default,' for an order vacating the judgment, and for an order granting leave to file an answer and cross-complaint. A proposed verified answer and cross-complaint and points and authorities and the declaration of the appellant in support of his motion were also filed at this time. The motion was denied, November 20,1962.

On December 27, 1962, appellant moved for reconsideration of the order of November 20. This motion was supported by all the documents used on the original motion and by additional points and authorities. It was denied on January 17, 1963.

The appeal is from the minute order of November 20, 1962, and the minute order of January 17,1963.

Appellant’s declaration admitted service of a copy of the summons and complaint but urges that the default be set aside because the parties,…