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No contempt on void orders

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  • Legalbear
    One cannot be convicted of contempt for respectfully *fn3 declining to comply with an order which is
    Message 1 of 1 , Jan 4, 2005
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      One cannot be convicted of contempt for respectfully*fn3 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 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, 192 Colo. 341 (Colo. 01/10/1977)


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