27 Colo. 380 | Colo. | 1900
delivered tbe opinion of the court.
The first proposition advanced by counsel for defendant in error in support of the motion to dismiss, has been decided adversely to his contention by this court at the last term in Mercer v. Mercer, ante, p. 216; 60 Pac. Rep. 349, wherein it was held that under the act of 1893, providing a system of practice and procedure in relation to divorce and alimony, writs of error from judgments in such cases could only be .sued out from this court, and that the amount for which judgment for alimony may have been rendered, was immaterial. The reason for this ruling is, as stated in Mercer v. Mercer, supra: “ The order or judgment for alimony grows out of the main case, and is inseparable from it; and the cases are full to the point, that where an appellate court has jurisdiction of the main action, it also has jurisdiction of all incidents attaching to that action.” All incidents must go where the issue which gives character to the case indicates that it belongs, for a cause cannot be dissected into parts, one part going to one appellate court, and another to another. Eickhoff v. Eickhoff, 14 Colo. App. 127 ; 59 Pac. Rep. 411; Mercer v. Mercer, 13 Colo. App. 237; 57 Pac. Rep. 750.
Any other rule would tend to bring about unseemly conflicts between appellate courts. An incident to the main action for divorce might be taken to one court for review, and its decision on the questions thus presented might be entirely contrary to the decision of the court which ultimately determined the primary and principal issues in the action. Eickhoff v. Eickhoff, supra.
The law is clear, that a writ of error for the purpose of reviewing a decree of divorce cannot be sued out after the lapse of six months from the date of such decree. It may also be true that a judgment for alimony cannot be reviewed upon writ of error sued out later than six months after the rendition of the decree of divorce, in connection therewith,
Motion denied.