Handy v. Handy

In this appeal the assigned error is that “The trial court exceeded its area of discretion in sustaining defendant’s motion to set aside decree [of divorce] entered September 23,1957.” Appellant contends no grounds existed or were shown justifying the setting aside of the decree, that the application to set aside the.default judgment was based only upon defendant’s affidavit, which was insufficient, and that it lacked factual support of a good defense as. required by law.

The trial court found that defendant’s case was “a bona fide one”, that excusable neglect, mistake, or unavoidable casualty…