Varcarcel v. Monge

Me. Jitstice Hutchison

delivered the opinion of the court.

Plaintiff appeals from an order setting’ aside a judgment by default and assigns as error:

First, that the court below exceeded its powers in permitting Carlota Pastrana, said to be not a party nor the guardian ad litem of her husband, Juan Monge, defendant, to demand the reopening of the case, another person already having been named as such guardian.

Second, that the court below erred in permitting Car-lota Pastrana to intervene by virtue of her appointment as such guardian in another case against the same defendant pending in another…