Sullivan v. Sullivan

Plaintiff husband filed a complaint for divorce on May 13, 1964. He then filed an affidavit signed by Sue Ann, the parties’ married daughter, to the effect that she had served summons and complaint on the defendant on May 18, 1964. An interlocutory judgment of divorce which recites defendant’s default was entered on July 7,1964.

On March 22, 1966, well over a year later, defendant noticed a motion to vacate her default and the judgment. The motion was supported by declarations of defendant and her daughter. Defendant’s declaration, insofar as pertinent, makes the following allegation…