Mercer v. Mercer
Colorado Court of Appeals
Appeal from the County Court of Arapahoe County. Domestic differences begot this suit for divorce between Lettie A. Mercer and her husband, John. Mrs. Mercer filed her complaint in April, 1896, wherein she set up statutory grounds for the severance of the bonds of matrimony, stated the financial situation of the defendant husband, and prayed for alimony both temporary and permanent.
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Appeal from the County Court of Arapahoe County. Domestic differences begot this suit for divorce between Lettie A. Mercer and her husband, John. Mrs. Mercer filed her complaint in April, 1896, wherein she set up statutory grounds for the severance of the bonds of matrimony, stated the financial situation of the defendant husband, and prayed for alimony both temporary and permanent. The husband answered denying the alleged grounds, and by way of cross-complaint set up a cause of action for divorce. After the replication was filed and the case was at issue, it came to trial in the county court…
1Opinion of the CourtBissell, P. J.
While the merits of the controversy and the rightfulness of the judgment are questioned by both parties, by the appellee as to the sufficiency of the evidence'to support the judgment and the right of the husband to a decree of divorce, and by the appellant on the hypothesis that the wife who had been found guilty and against whom a decree had been entered is entitled to no provision out of the husband’s estate, we do not intend to determine either of those matters. The only question which we shall determine is the naked one of jurisdiction. This is the only course which we can pursue…
2Cases cited14 opinions
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- United States v. FisherSupreme Court of the United States · 1805
- Hadden v. CollectorSupreme Court of the United States · 1867
- Daniels v. DanielsSupreme Court of Colorado · 1886
- State v. ConklingCalifornia Supreme Court · 1861
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3Cited by2 opinions
- Roseberry v. Valley Building & Loan Ass'nColorado Court of Appeals · 1902
- Roseberry v. Valley Building & Loan Ass'nColorado Court of Appeals · 1902