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ERBAUGH v. JACOBSON

No. 18405.

342 P.2d 1026 (1959)

James A. ERBAUGH, as Administrator of the Estate of Charles Oscar Erbaugh, Deceased, Plaintiff in Error, v. Harvey W. JACOBSON, Defendant in Error.

Supreme Court of Colorado, En Banc.

August 17, 1959.

Attorney(s) appearing for the Case

Albert L. Vogl, Frank C. Lowe, William F. Reynard, Denver, for plaintiff in error.

McDougal & Rogers, Francis W. Brown, Denver, for defendant in error.

KNAUSS, Chief Justice.

The sole question presented by this writ of error is:

Did the trial court err in dismissing the appeal of plaintiff in error from an adverse judgment rendered by the County Court because no motion for a new trial was filed or dispensed with by the County Court?

This question is answered in the affirmative.

Defendant in error contends that Rule 59(f) R.C.P.Colo. applies to appeals

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