
    No. 9865.
    True v. True.
    Decided Jan. 10, 1921.
    Motion to vacate order dismissing writ of error denied March. 7, 1921.
    Proceeding involving the payment of temporary alimony.
    
      Writ of Error Dismissed.
    
    1. Divorce and Alimony — Payment—Presumption. The appellate court will presume that an order of the trial court for the payment of costs and attorney fees will be obeyed after the denial of a supersedeas.
    2. Appeal and Error — Moot Questions. It is not the duty of the appellate court to give opinions upon moot questions or to declare rules of law which cannot affect the rights of the parties litigant.
    
      Error to the District Court of Pueblo County, Hon. James A. Park, Judge.
    
    Mr. C. S. Essex, Mr. John B. Barnard, for plaintiff in error.
    Mr. W. O. Peterson, for defendant in error.
   Mr. Justice Teller

delivered the opinion of the court.

. Defendant in error brought suit for divorce against the plaintiff in error upon the ground of cruelty. In apt time she applied for temporary alimony, counsel fees and court costs. Upon a hearing upon the application, the court directed the defendant to pay $100 court costs and $200 attorney fees, payable May 10, 1920. An application for supersedeas was duly filed by plaintiff in error, and on July 30, 1920, the same was denied.

It must be presumed that plaintiff in error obeyed the order of the court after the supersedeas had been denied.

The judgment ¡having been executed, the questions presented for our determination are no longer of any practical importance. It is not the duty of the court to give opinions upon moot questions, or to declare rules of law which cannot affect the rights of the parties litigant. Floyd v. Cochran, 24 Colo. 489, 52 Pac. 676.

The writ of error will, therefore, be dismissed.

Mr. Chief Justice Garrigues and Mr. Justice Burke concur.  