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No Obligation to Obey Void Court Order

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  • Legalbear
    One cannot be convicted of contempt for respectfully
    Message 1 of 1 , Jul 23, 2012

      One cannot be convicted of contempt for respectfully[3] declining to comply with an order which is beyond the court's authority. Pomeranz v. District Court, 74 Colo. 58, 218 P. 742 (1923) (defendant's refusal to obey order to deliver property to 579*579 receiver not contempt where court had no authority to so order). See also Arkansas Valley Sugar Beet & Irrigated Land Co. v. Lubers, 72 Colo. 513, 212 P. 848 (1923) (refusal to obey void decree); Newman v. Bullock, 23 Colo. 217, 222, 47 P. 379, 381 (1896) (void decree disobeyed); Smith v. People, 2 Colo.App. 99, 29 P. 924 (1892) (refusal to obey void injunction). Thrap v. People, 558 P. 2d 576, 578-9 (Colo: Supreme Court 1977



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