Elms V. Elms

The question for decision is whether the trial court abused its discretion in vacating a judgment of annulment under section 473, Code of Civil Procedure, where defendant had filed a general denial, had authorized his counsel to stipulate that the case might be tried in defendant's absence as a default case, was notified of the trial date one week prior thereto and did not attend the trial but by telegrams discharged his attorney and requested the court to grant a continuance and permit him to file a cross-complaint. Respondent makes no appearance on this appeal.