Loomis v. Loomis

Action for divorce. Defendant answered, and also filed a cross-complaint alleging that plaintiff was not a fit person to have the custody of their 3-year-old child. Plaintiff answered the cross-complaint and denied the allegation that she was not a fit person to have custody of the child. When the case came on for trial on June 26, 1946, a written stipulation of the parties was filed and it provided, among other things, as follows: that the action might be tried on the cross-complaint as a default matter; that “upon the action being so tried as a default action, the Court may award to…