Doty v. Doty

Mb. Francis E. Bouck,

dissenting.

I respectfully dissent.

This court, I think, has invaded the exclusive province' of a coordinate branch of the state government by an implied judicial repeal of certain regular enactments of the General Assembly; first by ignoring the provisions of the Colorado Code of Civil Procedure relating to the dismissal of cases, and,, secondly, by disregarding an unambiguous 1933 act (’35 C. S. A., vol. 2, c. 56, §13) intended to deal with the subject of divorce so as successfully to obviate legal objections which this court had previously sustained to prior legislation…