Holman v. Holman

An action for divorce. Plaintiff in error, defendant below, contends the entering of his default and the granting of an interlocutory decree to his wife, defendant in error, were erroneous because of failure to give him notice under Rule 55 (b) (2) R.C.P. Colo., which specifies, inter alia: “If the party a.gainst whom judgment by default is sought has appeared in the action, he * * * shall be served with written notice of the application for judgment at least 3 days prior to the hearing on such application.”

Chapter 117, S. L. 1945, approved April 4, 1945, relating to procedure in actions for…