Isom v. Isom
| Decision Date | 08 February 1943 |
| Docket Number | 15091. |
| Citation | 110 Colo. 344,134 P.2d 730 |
| Parties | ISOM v. ISOM. |
| Court | Colorado Supreme Court |
Rehearing Denied March 1, 1943.
In Department.
Error to District Court, City and County of Denver; George F Dunklee, Judge.
Action by Anna Pearl Isom against Owen Lee Isom. To review an order reducing alimony, plaintiff brings error.
Writ of error dismissed.
Anna Pearl Isom, of Denver, pro se.
No appearance for defendant in error.
The correct explanation of the peculiar condition in which this case comes Before us is doubtless the fact that plaintiff in error, hereinafter referred to as plaintiff, who is not an attorney, represents herself, perhaps relying upon her long experience in this and collateral litigation. Isom v. Isom, 101 Colo. 368, 73 P.2d 1408; Isom v. Isom, 101 Colo. 532, 74 P.2d 1245. It will thus be observed that such litigation has been in progress for something like ten years. All this is pertinent to the specification of points Before us.
The immediate occasion for the present writ was an order reducing alimony, to which plaintiff objects not only on the merits but because of the alleged disqualification of the judge. She accordingly comes here with thirty alleged specifications many of which would be ineffectual under any circumstances and all but one of the remainder relate to matters which have either been finally adjudicated or as to which error has been waived; they cover practically the entire course of the litigation, which involves numerous applications for increase and reduction of alimony, citations for contempt for nonpayment, and objections to the qualifications of the various judges who during the years have presided over some phase of the litigation. We can consider these specifications only as they relate to the last order of the district court.
For a considerable time Mrs. Isom received $40 per month. On her application this was increased, by an order of Judge Hicks to $60. June 21, 1941, in answer to a citation for contempt for failure to pay, defendant set forth his inability and sought a reduction. This hearing was Before Judge Dunklee who reduced the alimony to $40 per month and continued the cause to September 5. September 3 it appears that Mrs. Isom filed some document attempting to raise the question of the judge's qualification. Judge Dunklee found it insufficient, but since neither the motion nor affidavit, if such there were, is included in the record, the presumption favors the ruling; but if erroneous, the error is waived. At the hearing of September 5 it was made to appear that the prejudice relied upon, if it existed, was disclosed by some past record whose existence was in dispute. Alimony was then fixed in the...
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Aaberg v. District Court of Seventh Judicial Dist. In and For Gunnison County, 18453
...his authority to proceed by virtue of the order of Judge Hughes, they waived their right to object to his authority. Isom v. Isom, 110 Colo. 344, 134 P.2d 730; Kubat v. Kubat, 124 Colo. 491, 238 P.2d From the record before us, we observe that the first motion to disqualify was filed fifteen......