Mercer v. Mercer
Mercer v. Mercer
Opinion of the Court
This case comes here on appeal from a judgment of the court of appeals dismissing an appeal from a judgment of the county court of Arapahoe county, rendered in an action for divorce. Appellee moves to dismiss upon the ground that this court has no jurisdiction to entertain the appeal. The only question to be considered and determined is whether the court of appeals has appellate jurisdiction of divorce cases; because, if it has not, then notwithstanding our right to review such judgments, either on appeal from, or writ of error to, the final judgments of the county or district court, the present appeal from that court will not lie.
In the opinion of the court of appeals, reported in 18 Colo. App. 237, will be found a full and concise statement of the facts of the case, from which it appears that the decree of the county court from which the appeal was taken, adjudged the appellant entitled to a divorce, and adjudged alimony to appellee, and
“ The decisions that have been announced give full recognition to the doctrine that incidents go where the principal goes.” Elliott on Appellate Procedure, §§ 35, 36, and cases there cited; State ex rel. Suberville v. Judges of the Court of Appeals, 45 La. Ann. 1319. See also the recent case decided by the court of appeals, Eickhoff v. Eickhoff, 14 Colo. App. 127.
It follows, therefore, that the court of appeals not having jurisdiction of the original appeal, we have no jurisdiction to review the case on its merits in this proceeding. The motion to dismiss the appeal is therefore allowed.
Appeal dismissed.
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