TERRY v. TERRY

No. 20492.

387 P.2d 902 (1963)

Kathleen A. TERRY, Plaintiff In Error, v. Tim TERRY, Defendant In Error.

Supreme Court of Colorado, In Department.

December 30, 1963.


Attorney(s) appearing for the Case

William J. Madden, Denver, for plaintiff in error.

Edward B. Almon, Denver, for defendant in error.


McWILLIAMS, Justice.

Kathleen Terry filed a complaint against her former husband, Tim Terry, and by such independent action sought equitable relief from the decree in divorce theretofore entered in a divorce proceeding between the parties, the relief sought pertaining to the question of alimony.

In response to the complaint Tim filed a motion to dismiss, alleging that the court had no jurisdiction over the subject matter for the reason: (1) "that the judgment...

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