Mcmahon v. Mcmahon

The sole question for decision is whether the court abused its discretion in denying defendant’s motion to set aside the order of his default.

On October 18, 1944, defendant was served with the summons and copy of the complaint in this action for divorce and on the same day filed his voluntary appearance, stipulated that the action might be heard as a default and waived all of his rights under the Soldiers’ and Sailors’ Civil Relief Act. Immediately thereafter he departed from the State of California for the city of Minneapolis to visit his parents. The default of the defendant was duly…