Rajcich v. Rajcich

The plaintiff-husband was granted a divorce from the defendant-wife on the ground of desertion. The default decree was dated February 2, 1970, and granted to husband full custody of the four children born to the marriage. Thereafter the wife moved to vacate the decree and open the default judgment on the grounds of mistake, inadvertence or excusable neglect pursuant to Sections 10-609 and 10-1213 of’the code. On June 15, 1970 the lower court denied the motion. The wife has appealed.

The sole question presented in this appeal is whether the lower court erred in failing to relieve the wife of…