Mulkey v. Mulkey

Citations

• 100 Cal. 91
• 34 P. 621
• 1893 Cal. LEXIS 754

Syllabus

<p>Divorce—Setting Aside Default—Affidavit of Merits—Proposed Answer.—Upon an application to set aside a default judgment in an action for divorce an affidavit of merits by the defendant has no place as such, on grounds of public policy, but may nevertheless serve the purpose of a proposed answer, where it specifically denies the material allegations of the complaint.</p> <p>Id.—Setting Aside Divorce for Adultery—Harsh Judgment—Misrepresentation by Husband—Denial by Wife.—A judgment by default in an action for divorce on the ground of adultery, awarding the husband the four minor children, three of whom are girls, the eldest being about eight years old, and assigning to him all of the community property, is a harsh judgment, and it is error for the court to refuse to set it aside upon an application therefor by the wife, where her affidavit denies specifically the material allegations of the complaint, and states facts showing either collusion between the parties, or that the wife was grossly misled and deceived by her husband as to the ground of the proposed action, he having informed her that it would be brought on the ground of desertion.</p>