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69 Colo. 502

True v. True

Supreme Court of Colorado

Decided January 10, 1921

Supreme Court of Colorado · decided 1921-01-10

<p>1. Divorce and Alimony — Payment—Presumption. The appellate court will presume that an order of the trial court for the payment of costs and attorney fees will be obeyed after the denial of a supersedeas.</p> <p>2. Appeal and Error — Moot Questions. It is not the duty of the appellate court to give opinions upon moot questions or to declare rules of law which cannot affect the rights of the parties litigant.</p>

Cited by 1 later decisions — most recently November 1950

1 state decisions

Relies on Floyd v. Cochran

Good law ✅— No negative treatment on recordhow we know

Writ of Error Dismissed · Decided 1921-01-10

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Mr. Justice Teller

¶1delivered the opinion of the court.

¶2. Defendant in error brought suit for divorce against the plaintiff in error upon the ground of cruelty. In apt time she applied for temporary alimony, counsel fees and court costs. Upon a hearing upon the application, the court directed the defendant to pay $100 court costs and $200 attorney fees, payable May 10, 1920. An application for supersedeas was duly filed by plaintiff in error, and on July 30, 1920, the same was denied.

¶3It must be presumed that plaintiff in error obeyed the order of the court after the supersedeas had been denied.

¶4The judgment ¡having been executed, the questions presented for our determination are no longer of any practical importance. It is not the duty of the court to give opin*503ions upon moot questions, or to declare rules of law which cannot affect the rights of the parties litigant. Floyd v. Cochran, 24 Colo. 489, 52 Pac. 676.

¶5The writ of error will, therefore, be dismissed.

¶6Mr. Chief Justice Garrigues and Mr. Justice Burke concur.

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