Caton v. Caton

On a default hearing, plaintiff obtained an interlocutory judgment of divorce from defendant, December 15, 1953. Defendant’s default was entered October 27, 1953. Plaintiff appeals from the order made April 21, 1954, as follows: “Defendant’s motion to set aside default comes on for hearing and is granted after argument by counsel and consideration by the court of the exhibits heretofore introduced at time of trial. Pursuant to stipulation, the answer heretofore served and filed may be deemed the answer herein.”

The date of separation is set forth in the complaint as October 9, 1953, and is not…