Brockel v. Brockel

This is an appeal from a judgment and order which among other things denied defendant's motion to vacate a default decree granting plaintiff a divorce and to answer in the action.

Defendant contends (1) he had entered what amounted to an appearance in the action and because the default decree was entered without notice to him as provided by SDC 1960 Supp. 33.1707(2), it was a nullity and should have been set aside; and (2) since subsequent to the commencement of the action the parties resumed marital relations, the cause of action abated and because no summons was served with the amended…