California Court of Appeal December 20, 1945, Civ. No. 15014 (Gardner v. Gardner)

MOORE, P. J.

The question for decision is whether the trial court abused its discretion in denying defendant’s motion to vacate an interlocutory decree of divorce and the preceding order for default, where service of summons was made in a sister state five months and 29 days prior to the decree and the motion was filed more than two months thereafter:

Basing his action upon extreme cruelty