Kellett v. Kellett

This is an appeal from an order denying appellant’s application for costs on appeal, attorney’s fees and alimony pendente lite. Plaintiff brought an action for divorce, and judgment therein was granted on the default of the defendant failing to answer. A property settlement between the parties was agreed upon, and this agreement was incorporated in and made a part of the interlocutory decree of divorce. Thereafter the plaintiff, who is the appellant herein, moved to set aside said interlocutory decree and property settlement under section 473 of the Code of Civil Procedure. This motion was…