PROFFITT v. PROFFITT

No. 24429.

477 P.2d 456 (1970)

Rosie PROFFITT, Plaintiff in Error, v. Isaac PROFFITT, Defendant in Error.

Supreme Court of Colorado, En Banc.

December 7, 1970.


Attorney(s) appearing for the Case

Gertrude A. Score, Denver, for plaintiff in error.

No appearance for defendant in error.


KELLEY, Justice.

This is an appeal from a judgment of divorce granted to the husband. The wife denied husband's allegations of cruelty, and by cross-complaint sought a decree for separate maintenance.

The sole ground for reversal is the contention that the trial court's refusal to grant the wife's motion for a separate evidentiary hearing to determine that an alleged fraud on the court resulted in a void decree of divorce.

The trial court found that...

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