Radlinski

This is a proceeding to review an order of the respondent court dismissing an order to show cause in re contempt upon the ground that it lacked jurisdiction in the matter.

From the record certified to us the following facts appear. The respondent court granted to petitioner an interlocutory decree of divorce from her husband Anthony. By the terms of the decree, as amended nunc pro tunc to conform with the order made by the court at the trial, Anthony was ordered to make certain payments upon a Chevrolet automobile, possession of which was granted to petitioner by the terms of a property settlement agreement incorporated in the decree. This order was not based upon the terms of the property settlement agreement but was an award in the nature of alimony awarded by the court at the time it granted the interlocutory decree of divorce.

At the time of the ex parte hearing in petitioner’s action for a divorce on October 8, 1958, petitioner had not filed with the court an affidavit in accordance with the Soldiers’ and Sailors’ Relief Act ( 50 U.S.C. §§ 501 et seq.). Such an affidavit, however, was filed on November 10, 1958, two days prior to the time the court signed and ordered to be…