Public-domain · open source
OpenJurist

7 Colo. 12

Israel v. Arthur

Supreme Court of Colorado

Decided December 15, 1883

Supreme Court of Colorado · decided 1883-12-15

<p>The decease of the husband after a decree of divorce is granted, and before proceedings in error thereon are instituted, does not operate to prevent a review of the decree when property rights are involved.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1883-12-15

How this case has been cited

Cited by 3 later decisions — most recently March 1968

3 state decisions

10188318901900191019201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Helm, J.

¶1John Arthur, now deceased, in his life-time brought suit and obtained a decree of divorce against his wife, who is the plaintiff in error herein. This writ is prosecuted for the purpose of reversing that decree.

¶2The record of proceedings in that cause shows on its face that the court acted without obtaining jurisdiction of the person of the defendant. In the case of Israel v. Arthur et al. ante, p. 5, we have fully considered this record, and declared the proceedings of the county court *13therein void and of no effect. The judgment and decree must be reversed.

¶3This court has held that the decease of the husband after a decree of divorce is granted, and before proceedings in error thereon are instituted, does not operate to prevent a review and reversal of the decree.

¶4That “when property rights are involved, as in this case, the same reason exists for determining its validity as in civil cases generally.” Israel v. Arthur, 6 Col. 85.

¶5Reversed.

/7/colo/12 · .json · Public domain