Rosenfeld v. Rosenfeld
Supreme Court of Colorado
Error to the District Court of Arapahoe County. This action was brought by Edward I. Rosenfeld against his wife, Katie J. Rosenfeld, for a divorce on the ground of extreme cruelty. The defendant filed an answer specifically denying the material allegations of the complaint. She also filed a cross complaint, but as counsel claims nothing thereunder, it need not be considered.
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Error to the District Court of Arapahoe County. This action was brought by Edward I. Rosenfeld against his wife, Katie J. Rosenfeld, for a divorce on the ground of extreme cruelty. The defendant filed an answer specifically denying the material allegations of the complaint. She also filed a cross complaint, but as counsel claims nothing thereunder, it need not be considered. Upon the issues thus joined trial was had before a jury, and a verdict returned for the plaintiff, upon which a decree was rendered by the court dissolving the marriage bond and ordering the plaintiff to pay the…
1Opinion of the CourtJustice Campbell
An examination of the voluminous record reveals the fact that the defendant failed to save any exceptions to the decree of the court dissolving the bonds of matrimony, or to the award of alimony. Under these circumstances, it is the well settled practice of this court not to review the decree upon the evidence. Jerome v. Bohm, post, 322. Hence we are precluded from determining the sufficiency or insufficiency of the evidence to sustain the decree of divorce or the judgment for alimony.
Other errors, however, have been assigned relating to the rulings of the court during the trial, to which…
2Cases cited1 opinion
- Sylvis v. SylvisSupreme Court of Colorado · 1888
3Cited by7 opinions
- Davis v. ShepherdSupreme Court of Colorado · 1903
- Harding v. HardingSupreme Court of Colorado · 1906
- Baden Baden Gold Mining Co. v. JoseColorado Court of Appeals · 1904
- Cochran v. CochranSupreme Court of Colorado · 1967
- Miller v. MillerSupreme Court of Colorado · 1932
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