Miller v. Miller

• Decision Date: 07 December 1925
• Docket Number: 11395.
• Parties: MILLER v. MILLER.
• Court: Colorado Supreme Court

241 P. 1112

78 Colo. 376

MILLER v. MILLER.

No. 11395.

Supreme Court of Colorado

December 7, 1925

Department 3.

Error to District Court, Garfield County; John T. Shumate, Judge.

Action by Bertha Brahms Miller against Charles H. Miller. From an order or judgment adjudging defendant guilty of contempt in refusing to comply with an order to pay temporary alimony, defendant brings error. On motion to dismiss writ of error.

Motion denied.

Frank Delaney, of Glenwood Springs, for plaintiff in error.

Samuel N. Wheeler, of Grand Junction, and S. Harrison White, of Denver, for defendant in error.

SHEAFOR, J.

The defendant in the court below prosecutes this writ of error to review an order or judgment of the district court in an action for divorce, adjudging him guilty of contempt in refusing to comply with an order of the court requiring him to pay temporary alimony.

The defendant in error has entered a special appearance herein, and moves the court to dismiss the writ of error, for the reason that no decree of divorce has been granted against the plaintiff in error, in this cause, and, in the absence of such decree, this court has no jurisdiction to review any order, judgment, or decree made or entered by the trial court.

The motion to dismiss the writ is denied upon the authority of the following: Chamberlain v. Chamberlain, 66 Colo. 562, 564, 185 P. 354; Diegel v. Diegel, 73 Colo. 330, 333, 215 P. 143; Perry v. Perry, 74 Colo. 106, 219 P. 221; Miller v. Miller, 74 Colo. 143, 219 P. 783; Hulquist v. Hulquist, 77 Colo. 260, 236 P. 777.

Motion to dismiss denied.

ALLEN, C.J., and DENISON, J., concur.