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140 Colo. 546

345 P.2d 723

Doll v. Doll

Supreme Court of Colorado

Decided November 2, 1959

Supreme Court of Colorado · decided 1959-11-02

Cited by 2 later decisions — most recently October 1991

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1959-11-02

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¶1Opinion by

Mr. Justice Day.

¶2Since this writ of error has been at issue plaintiff in error has died. The orders of the trial court pertaining to alimony and support money being in personam do not survive. The order for attorney fees is not arbitrary or capricious, and we find it to be well within the sound discretion of the trial court. All other matters raised in the brief are moot.

¶3Legal problems which have arisen since the death of plaintiff in error and which have not yet been tried cannot be presented in this court for the first time even though -yve permitted the administratrix of plaintiff in error’s estate to be substituted in this action as plaintiff in error.

¶4The writ of error is dismissed.

¶5Mr. Justice Sutton and Mr. Justice Hall concur.

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