On July 14, 1965, a decree was entered in a divorce action between Dorothy Mitchell Stroud and William R. Stroud which included alimony based upon an agreement between the parties. Thereafter in February 1970 the wife filed an affidavit seeking a judgment and fi. fa. for past due payments. On April 30, 1970, the husband filed a "Motion to Vacate and Set Aside Judgment and Execution (Fi. Fa.)." Pursuant to the prayers of such motion a hearing was held in which the trial court refused to declare unconstitutional the procedure whereby a wife may obtain an execution to collect due alimony based solely on her affidavit without an evidentiary hearing. Held:
The husband's "motion" being insufficient to raise a question as to the constitutionality of the procedure authorized by Code 30-204, and no other question being raised by the enumeration of error, the judgment of the trial court overruling such motion must be affirmed.