Necessary v. Necessary

This is an appeal from an order entered in a divorce action granting plaintiff’s motion to set aside her default, the entry of default and the interlocutory judgment.

On January 13, 1960, plaintiff filed a complaint for divorce on the grounds of extreme cruelty and infliction of grievous mental suffering. Following filing of the complaint, the parties negotiated through their attorneys with respect to a property settlement. It was contemplated that the action would be heard as a default matter and that custody of the minor children would be awarded to plaintiff. During the interim the children…