Milliman v. Milliman
| Citation | 101 P. 58, 45 Colo. 291 |
| Case Date | March 01, 1909 |
| Court | Supreme Court of Colorado |
101 P. 58
45 Colo. 291
MILLIMAN
v.
MILLIMAN.
Supreme Court of Colorado
March 1, 1909
Error to County Court, City and County of Denver; Chas. McCall, Judge.
Action by Edward Milliman against Cora Milliman. From a decree awarding defendant a divorce, she brings error. Reversed.
[45 Colo. 292] Mr. Morrow, for plaintiff in error.
W. T. Rogers, for defendant in error.
STEELE, C.J.
Edward Milliman filed a complaint in divorce against Cora Milliman in the county court of the city and county of Denver. An answer and cross-complaint was filed by the defendant, denying the material allegations of the complaint, and in her cross-complaint, charging the plaintiff with the violation of this marriage obligation, but she did not pray for a divorce. The case came on for trial, and the jury returned a verdict finding the defendant guilty of extreme cruelty as charged in the complaint, and finding the plaintiff guilty of extreme cruelty as charged in the corss-complaint. At this time a colloquy occurred between counsel for the parties, whereupon one of the attorneys made the statement: 'You have secured a verdict in this case which prevents the granting of a divorce, and you ought to be satisfied without asking the plaintiff to pay attorney's fees in addition to the costs in the case.' Thereupon one of the jurors arose and said: 'Do I understand that this verdict prevents the granting of a divorce?' The court responded: 'It does prevent the granting of a divorce.' The juror said that it was not his understanding, when he agreed to the verdict, that it prevented the granting of a divorce, but that he understood that the plaintiff would be granted a divorce on his complaint, and the defendant would be granted alimony on her cross-complaint. The [45 Colo. 293] jury was thereupon polled, and announced that the verdict returned was not their verdict, and the court permitted the jury to retire. Counsel for defendant then stated that, if the court was going to permit the jury to decide whether the parties to said action should be divorced, he would ask leave to amend the cross-complaint so as to ask for a divorce. The defendant was absent at this time from the courtroom. The court then granted defendant leave to amend her cross-complaint, which order was entered of record by the clerk of the court; but no amendment was made at said time, or at any subsequent time, pursuant to said request and order.
The jury, when it returned after its retirement...
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Walton v. Walton, 12200.
...have refused, in a number of cases, to countenance any attempt to compel the innocent spouse to accept a decree. In Milliman v. Milliman, 45 Colo. 291, 101 P. 58, 22 L.R.A. (N. S.) 999, 132 Am.St.Rep. 181, the plaintiff husband filed his complaint charging the defendant wife with cruelty. T......
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Chamberlain v. Chamberlain, 15014.
...to dismiss the action.' The same doctrine obtains in divorce cases. See Doty v. Doty, 103 Colo. 543, 88 P.2d 573; Milliman v. Milliman, 45 Colo. 291, 101 P. 58, 22 L.R.A.,N.S., 999, 132 Am.St.Rep. 181. The wife not only has filed no counterclaim, but she has not deigned to deny [108 Colo. 5......
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Caldwell v. Caldwell, (No. 492.)
...the position that the rule which governs in ordinary cases is not to be strictly applied in divorce proceedings." Milliman v. Milliman, 45 Colo. 291, 101 P. 58, 22 L. R. A. (N. S.) 999, and note, 132 Am. St. Rep. 181. Also, 35 L. R. A. (N. S.) 1158. In 19 C. J. 147, it is said: "While an ap......
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Faith v. Faith, No. 17102
...we now have only to follow. We shall not attempt to review all of the earlier cases decided by our Court, but in Milliman v. Milliman, 45 Colo. 291, 101 P. 58, 59, 22 L.R.A., N.S., 999, it was held 'that the court cannot compel one to take a divorce when he does not desire to have one'; and......
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Walton v. Walton, 12200.
...have refused, in a number of cases, to countenance any attempt to compel the innocent spouse to accept a decree. In Milliman v. Milliman, 45 Colo. 291, 101 P. 58, 22 L.R.A. (N. S.) 999, 132 Am.St.Rep. 181, the plaintiff husband filed his complaint charging the defendant wife with cruelty. T......
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Chamberlain v. Chamberlain, 15014.
...to dismiss the action.' The same doctrine obtains in divorce cases. See Doty v. Doty, 103 Colo. 543, 88 P.2d 573; Milliman v. Milliman, 45 Colo. 291, 101 P. 58, 22 L.R.A.,N.S., 999, 132 Am.St.Rep. 181. The wife not only has filed no counterclaim, but she has not deigned to deny [108 Colo. 5......
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Caldwell v. Caldwell, (No. 492.)
...the position that the rule which governs in ordinary cases is not to be strictly applied in divorce proceedings." Milliman v. Milliman, 45 Colo. 291, 101 P. 58, 22 L. R. A. (N. S.) 999, and note, 132 Am. St. Rep. 181. Also, 35 L. R. A. (N. S.) 1158. In 19 C. J. 147, it is said: "While an ap......
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Faith v. Faith, No. 17102
...we now have only to follow. We shall not attempt to review all of the earlier cases decided by our Court, but in Milliman v. Milliman, 45 Colo. 291, 101 P. 58, 59, 22 L.R.A., N.S., 999, it was held 'that the court cannot compel one to take a divorce when he does not desire to have one'; and......