Carp v. Superior Court

This is an original application, made upon notice given by petitioner to respondents, for a writ of mandate to compel the respondent Court to enter a final decree of divorce in an action prosecuted by the petitioner against his wife, Hilma Carp.

The wife did not appear in that action and an interlocutory decree of divorce was entered in favor of the husband on the fifteenth day of February, 1923. The wife did not appeal or move for a new trial. Within due time she moved the Court to set aside the interlocutory decree “on the ground of accident, surprise, excusable neglect, and that no service…