People ex rel. Jordan v. District Court of Second Judicial Dist.

• Court: Colorado Supreme Court
• Writing for the Court: HILLIARD, Chief Justice.
• Citation: People ex rel. Jordan v. District Court of Second Judicial Dist., 96 P.2d 12, 105 Colo. 174 (Colo. 1939)
• Decision Date: 23 October 1939
• Docket Number: 14559.
• Parties: PEOPLE ex rel. JORDAN v. DISTRICT COURT OF SECOND JUDICIAL DIST. et al.

96 P.2d 12

105 Colo. 174

PEOPLE ex rel. JORDAN v. DISTRICT COURT OF SECOND JUDICIAL DIST. et al.

No. 14559.

Supreme Court of Colorado

October 23, 1939

Rehearing Denied Nov. 20, 1939.

In Department.

Original prohibition proceeding by the People, on the relation of Edwin F. Jordan, against the District Court of the Second Judicial District of the State of Colorado and another.

Writ issued.

Sydney E. Shuteran and Wm. Hedges Robinson, Jr., both of Denver, for petitioner.

Harold G. King, of Denver, for respondents.

HILLIARD Chief Justice.

An original proceeding in prohibition. The parties in interest are those named in No. 14558, Jordan v. Jordan, decided this day, 105 Colo. 171, 96 P.2d 13. As recited there, the Jordans were married March 22, 1922. November 2, 1935, pursuant to suit to that end, they were divorced. October 31, 1938, the wife alleging that shortly after the entry of the preliminary decree the parties had become reconciled, and since then, and notwithstanding the preliminary decree and subsequent final decree of divorce, all as stated in our opinion in No. 14558, were living 'together publicly as husband and wife,' and prayed that the decrees be vacated. January 25, 1939, after trial had on her petition the district court adjudged that the decrees to which we have referred should be vacated. That judgment is affirmed by our opinion in No. 14558.

It appears here that February 17, 1939, or within less than a month after having convinced the Denver district court that she and her husband were reconciled and living together up to the time she filed petition to have it so adjudged--October 31, 1938--the wife filed complaint for divorce in the same court, (Before a different judge), alleging marriage as of March 22, 1922, and that 'since February 1, 1938, said defendant has lived openly and notoriously and cohabited with' an unnamed woman. To this suit, proceeding on the theory that the parties already were divorced, and that he had taken steps to have the judgment of the court vacating the divorce decrees reviewed, the husband filed a plea in abatement. On denial of that plea, he sought prohibition here. We granted a rule to show cause. Respondents Judge and the wife answered, the Judge setting forth the record of the matter as submitted to him, and the wife in challenge of our jurisdiction.

For the purpose of disposition here, we proceed upon the facts appearing in the two...