Myers v. Myers

DOWD, Judge.

This is appeal from an order of the trial court’s denial of defendant’s motion to set aside the default judgment which awarded plaintiff a divorce from defendant and custody of their four minor children. Defendant was granted reasonable rights of visitation.

The circumstances of the default judgment and the subsequent motion to set it aside are as follows. Plaintiff filed his petition for divorce on February 24, 1971. Defendant was served with the petition and summons by the sheriff, but did not file any responsive pleading and did not appear in court on April 2, 1971, the…