DeMello v. DeMello

This is an appeal from an order denying defendant’s motion to set aside his default and judgment rendered thereon in a separate maintenance action. The motion was made upon the ground that said default was taken against said defendant through his mistake, inadvertence, surprise and excusable neglect.

On July 22, 1952, plaintiff filed a separate maintenance action against defendant and a copy of the summons and complaint, together with an order to show cause was served upon defendant on the following day. Apparently the hearing on the order to show cause was continued three times and then went…