Metson v. Metson

Defendant appeals from an order denying his motion to dismiss, vacate and set aside an order to show cause issued by the trial court on petition of plaintiff. The motion was made on several grounds, but on this appeal the sole argument made is that under the facts the petition for the order to show cause was insufficient, as a matter of law, and, as a result, the trial court had no jurisdiction to issue the order.

The pleadings disclose the following situation: In January, 1936, plaintiff secured in San Francisco a final decree of divorce from defendant. There was incorporated in the…