Damiano v. Damiano

UDALL, Chief Justice.

This is an appeal from an order denying motion to set aside a default judgment in a divorce proceeding on the grounds of excusable neglect, coupled with an alleged fraud on the court in plaintiff failing to meet residence requirements. The parties will be referred to as below, i. e., appellant (the wife) as defendant, and appellee (the husband) as plaintiff.

The facts in this case stated in a light most favorable to a sustaining of the trial court’s order are: Plaintiff and defendant were intermarried in New York in 1949 and have one child, a girl, born in 1950. Plaintiff,…