Salveter

The question here involved is whether the complaint in issue states a cause of action.

The trial court sustained an objection by the defendant that the complaint did not state a cause of action and that the cause of action attempted to be set forth was barred by the statute of limitations, and the judgment of dismissal followed.

It was alleged in the complaint, which is one for an accounting, that plaintiff and defendant were once husband and wife; that said Maud E. Salveter filed an action for divorce against plaintiff herein, and a trial was had, resulting in an interlocutory decree dated June 14, 1927, followed in due time by a final decree. Pending the trial, plaintiff therein obtained an order under date of May 11, 1925, allowing her certain moneys for maintenance and support, and in the decrees these payments were continued, and the rentals thereafter to be received from certain community property were impounded to insure payment thereof. No final order was made as to the title to the community property, that matter having been reserved.

The defendant in the divorce action, having failed to make certain payments, plaintiff therein, Maud E. Salveter, sought by an ex parte…