Eickhoff v. Eickhoff
Supreme Court of Colorado
jError to the District Court of Arapahoe County, On Motion to Dismiss Writ of Mrror. Action by defendant in error as plaintiff in the court below against plaintiff in error as defendant, for divorce. As an incident to the main relief sought, she prayed for alimony pendente lite, suit money, and attorneys’ fees. From a judgment for these items, defendant brings the case here for review on error. No decree for divorce has been rendered in the case.
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jError to the District Court of Arapahoe County, On Motion to Dismiss Writ of Mrror. Action by defendant in error as plaintiff in the court below against plaintiff in error as defendant, for divorce. As an incident to the main relief sought, she prayed for alimony pendente lite, suit money, and attorneys’ fees. From a judgment for these items, defendant brings the case here for review on error. No decree for divorce has been rendered in the case. The judgment against plaintiff in error is for less than $2,500, exclusive of costs. His writ of error was sued out more than six months after the…
1Opinion of the CourtJustice Gabbert
delivered tbe opinion of the court.
The first proposition advanced by counsel for defendant in error in support of the motion to dismiss, has been decided adversely to his contention by this court at the last term in Mercer v. Mercer, ante, p. 216; 60 Pac. Rep. 349, wherein it was held that under the act of 1893, providing a system of practice and procedure in relation to divorce and alimony, writs of error from judgments in such cases could only be .sued out from this court, and that the amount for which judgment for alimony may have been rendered, was immaterial. The reason for this ruling…
2Cases cited2 opinions
- Mercer v. MercerColorado Court of Appeals · 1899
- Eickhoff v. EickhoffColorado Court of Appeals · 1899
3Cited by5 opinions
- People ex rel. Lackey v. District CourtSupreme Court of Colorado · 1902
- Mitchell v. MitchellSupreme Court of Colorado · 1903
- Carlton v. CarltonSupreme Court of Colorado · 1908
- Meiss v. MeissColorado Court of Appeals · 1901
- Meiss v. MeissColorado Court of Appeals · 1901