Perez v. Perez

Two appeals from separate orders granting defendant’s motion to recall execution and strike alimony provisions from an interlocutory decree of divorce are presented together.

The first point raised by the appellant is that the court was without jurisdiction to hear the motion because the notice thereof did not state the grounds upon which it would be made as required by section 1010 of the Code of Civil Procedure. The point is without merit. In participating in the hearing and in failing to object to the form of the notice the question of its sufficiency was waived. Hecq v. Conner, 203 Cal.…