Miller v. Miller

241 P. 1112, 78 Colo. 376, 1925 Colo. LEXIS 607
CourtSupreme Court of Colorado
DecidedDecember 7, 1925
DocketNo. 11,395.
StatusPublished
Cited by1 cases

This text of 241 P. 1112 (Miller v. Miller) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miller v. Miller, 241 P. 1112, 78 Colo. 376, 1925 Colo. LEXIS 607 (Colo. 1925).

Opinion

Mr. Justice Sheafor

delivered the opinion of the court.

The defendant in the court below prosecutes this writ *377 of error to review an order or judgment of the district court in an action for divorce adjudging him guilty of contempt in refusing to comply with an order of the court requiring him to pay temporary alimony.

The defendant in error has entered a special appearance herein and moves the court to dismiss the writ of error for the reason that no decree of divorce has been granted against the plaintiff in error, in this cause, and in the absence of such decree this court has no jurisdiction to review any order, judgment or decree made or entered by the trial court.

The motion to dismiss the writ is denied upon the authority of the following: Chamberlain v. Chamberlain, 66 Colo. 562, 564, 185 Pac. 354; Diegel v. Diegel, 73 Colo. 330, 333, 215 Pac. 143; Perry v. Perry, 74 Colo. 106, 209 Pac. 221; Miller v. Miller, 74 Colo. 143, 219 Pac. 783; Hulquist v. Hulquist, 77 Colo. 260, 236 Pac. 777.

Mr. Chief Justice Allen and Mr. Justice Denison concur.

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Bluebook (online)
241 P. 1112, 78 Colo. 376, 1925 Colo. LEXIS 607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-miller-colo-1925.