Cowan

This is an appeal from an order granting defendant’s motion, in a divorce action, to set aside the interlocutory judgment.

Briefly the record reveals the following: The action for divorce was filed by the husband on. December 14, 1943; summons served December 21, 1943; default entered January 4, 1944; interlocutory decree entered January 24, 1944.

On January 10, 1945, one year, less two weeks, after the interlocutory judgment was entered, defendant made the motion referred to herein. Affidavits setting forth what was declared to be extrinsic fraud were the basis for the motion. In support thereof, two affidavits of merit were offered, one by defendant’s physician and one by defendant, The physician’s affidavit is as follows:

“Vernon Van Zandt, H. D., being first duly sworn, deposes and says that:

So far as the doctor’s affidavit is concerned, it is of little, if any, value in support of the motion; it is scarcely more than a naked opinion. The expressions “treating Theda Agnes Cowan for approximately three years” and “under my personal care and supervision,” reveal nothing in the nature of *870 reasons for the opinion. Section 1872 of the Code of Civil Procedure…