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McKELVEY v. DISTRICT COURT OF LA PLATA COUNTY

No. 19211.

345 P.2d 726 (1959)

R. Franklin McKELVEY, Executor of the Estate of Frank J. Yoshida, Deceased, Petitioner, v. DISTRICT COURT OF LA PLATA COUNTY, Colorado, James M. Noland, as Judge thereof, and Hiroko Miyake, Respondents.

Supreme Court of Colorado, En Banc.

November 2, 1959.

Attorney(s) appearing for the Case

LaVerne H. McKelvey, Durango, for petitioner.

Irvin L. Mason, Durango, for respondents.

SUTTON, Justice.

Respondent Hiroko Miyake filed a claim in the county court against the estate of one Yoshida in the amount of $7,730 and after hearing, was allowed the sum of $711. Judgment entered on October 7, 1958, and Miyake was granted ten days within which to file a motion for a new trial. The latter was filed on October 14, 1958, and denied on November 6, 1958.

On November 14, 1958, five weeks after entry of the county court judgment...

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