Wilterdink v. Wilterdink

The trial court refused to grant defendant’s motion to set aside his default and the interlocutory decree of divorce. The motion was made on two grounds: first, under section 473 of the Code of Civil Procedure, defendant’s alleged mistake, inadvertence, surprise and excusable neglect; secondly, alleged fraud in that defendant was in the naval service and no attorney was appointed to represent him under the Soldiers’ and Sailors’ Civil Relief Act of 1940, as amended. (50 U.S.C.A. App. p. 113 et seq.)

With one exception, there is practically no dispute as to the facts. These parties had been…