Wadsworth
Wadsworth v. Wadsworth
Opinion
Lead Opinion
Hayne, J.
This action was brought against William Wadsworth, Sen., for annulment of marriage, upon the ground that at the time of the marriage he had a wife living. William Wadsworth, Jr., was joined as a defendant, upon the alleged ground that the other defendant had transferred to him without consideration property purchased in part with funds of the plaintiff, and which would be community property if the marriage had been valid. William Wadsworth, Jr., npade default. William Wadsworth, Sen., filed an answer, averring in substance the validity of the marriage. He filed with his answer a cross-complaint for a divorce from the plaintiff on the ground of desertion. The plaintiff filed an answer to the cross-complaint, denying the desertion. By some inadvertence the attorney for the plaintiff did not apjiear at the trial, and she was *183 not represented thereat. The court granted the defendant a divorce upon his cross-complaint. Within six months the plaintiff moved to have the judgment set aside, on the ground of excusable neglect. This motion was denied, and the plaintiff appeals from the order denying the motion. There is no bill of exceptions. But the stipulation made by the parties is,…