James v. James

Plaintiffs complaint for divorce was filed on April 8, 1970. On May 1, 1970, plaintiff filed an entry of default against the defendant. A pro confesso hearing was then held before the trial court on May 14, 1971, and the court entered a default judgment of divorce at that time.

On October 4, 1971, defendant filed a motion to set aside the default and the default judgment of divorce; this motion was referred by the trial court to the Friend of the Court referee. A hearing was held on November 14, 1972, at which defendant testified that he had not been served with process on April 8, 1970, as…