Legal Opinion

Stevens v. Stevens

Supreme Court of Colorado

Decided January 15, 1903No. 4647PublishedCited by 19 opinions

Error to the County Court of Lake County. Plaintiff in error filed a petition, the.purpose-of which was to obtain an order modifying the judgment for alimony payable periodically, and the custody and control of a minor child as fixed by a decree of divorce rendered in an action between the parties to this proceeding by the court to which the petition of plaintiff in error was addressed.

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Error to the County Court of Lake County. Plaintiff in error filed a petition, the.purpose-of which was to obtain an order modifying the judgment for alimony payable periodically, and the custody and control of a minor child as fixed by a decree of divorce rendered in an action between the parties to this proceeding by the court to which the petition of plaintiff in error was addressed. The petition set forth facts which, if established would entitle the plaintiff in error to a.modification of the decree with respect to the matters mentioned. The defendant in error filed a demurrer by which…

1Opinion of the CourtJustice Gabbert

By virtue of the general equity powers of a court granting a divorce, as well as by virtue of the provision of sec. 9 of the Divorce Act, Session Laws, 1893, p. 240, such court has the authority to modify the decree relative to alimony payable in the future, and the custody and control of minor children as the changed circumstances of the parties may render necessary and just.—Richmond v. Richmond, 2 N. J. E. 90; Sheafe v. Sheafe, 36 N. H. 155; Coad v. Coad, 41 Wis. 23; Foote v. Foote, 22 Ills. 425.

There are no decisions of this court or the court of appeals to the contrary. The judgment of…

2Cases cited1 opinion

  1. Coad v. CoadWisconsin Supreme Court · 1876

3Cited by19 opinions

  1. Ruge v. RugeWashington Supreme Court · 1917
  2. Sullivan v. SullivanSupreme Court of Alabama · 1927
  3. Walton v. WaltonSupreme Court of Colorado · 1929
  4. Graham v. GrahamSupreme Court of Colorado · 1906
  5. Hunt v. MonroeUtah Supreme Court · 1907

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