Trujillo v. Trujillo

An interlocutory decree of divorce was entered November 21, 1944, against the defendant on the ground of extreme cruelty. An infant child was awarded to the custody of plaintiff. She was also granted $140 per month for maintenance of the child, and attorney’s fees. Upon notice the defendant on December 19, 1944, moved to set aside the interlocutory decree and his previous default, with leave to appear and answer the complaint, under section 473 of the Code of Civil Procedure, on the ground of plaintiff’s alleged failure to serve him with process. At the same time he also moved for a change of…