Turley

This is an appeal from an order of the superior court denying defendant’s motion to vacate his default and set aside the interlocutory judgment of divorce and for permission to file his answer. The question presented is whether the court abused its discretion in denying defendant’s motion. Plaintiff filed a verified complaint for divorce in December 1964. Subsequently, there was a conditional reconciliation between plaintiff and defendant based upon defendant’s promise to refrain from the excessive use of alcoholic bever *171 ages and upon his promise to seek professional assistance with his drinking problem. On March 17,1966, plaintiff and defendant again separated. On that occasion plaintiff advised defendant that she was going to resume prosecution of her pending action for divorce. She further advised defendant that she had retained Marvin Gayle as her attorney and that she had instructed Mr. Gayle to proceed with the litigation on her behalf.

On March 24, 1966, defendant called Marvin Gayle and told Mr. Gayle that he did not desire to contest the divorce action and requested Mr. Gayle to prepare a property settlement agreement giving to plaintiff all of the community…