Brown v. Brown

This is an appeal from an order of the superior court denying appellant’s motion for an order to vacate and set aside a judgment entered against him on December 9, 1936, and is based upon the contention that the lower court did not have jurisdiction over the subject matter embraced within the first cause of action of the complaint for the reason that said first cause of action was founded exclusively upon certain express provisions of an instrument dated *638February 1, 1919, which had theretofore been adjudged to be illegal and void.

It appears from the record that the plaintiff commenced an…