Cowan v. Cowan
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. On the 6th day of November, 1889, appellee instituted this action in the district court of Arapahoe county to enforce an alleged liability against the appellants upon an undertaking on appeal.
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Appeal from the District Court of Arapahoe County. On the 6th day of November, 1889, appellee instituted this action in the district court of Arapahoe county to enforce an alleged liability against the appellants upon an undertaking on appeal. The facts upon which appellee predicates her right to recover are in substance as follows: On the first day of June, 1886, in a certain action for divorce then pending in the district court of Arapahoe county, wherein Laura Cowan was plaintiff and Edwin R. Cowan was defendant, a certain order granting alimony, pendente lite, was made, in words and…
1Opinion of the CourtJustice Goddard
The principal question presented for our determination is whether appellants, by virtue of the undertaking executed by them, are liable for the payment of the monthly installments that accrued after the affirmance of the order in the supreme court. We are unaided in our investigation of this question by any adjudicated case involving the same or a similar state of facts. The appeal was had under the act of 1885, allowing appeals from interlocutory orders, and the decision of the question depends upon the construction to be given to that act. Section 23 of the act provides :
“ Sec. 23. An…
2Cited by2 opinions
- Allen v. ShiresSupreme Court of Colorado · 1910
- Tanquary v. BashorSupreme Court of Colorado · 1908