Aiken v. Aiken

Defendant appeared specially by counsel to oppose this motion on the ground that the order to show cause instituting it was not a court but a judge’s order. The Code of Civil Procedure provides that where a husband makes default in the payment of alimony “ the court may in its .discretion make an order requiring the husband to show cause before it ” why he should not be punished-for failure to make the payment (§ 1773) and it is contended that the order to show cause in this case not being entitled at a term of court and not being directed to be entered *562is not a court order and therefore did…