Bayers v. W.O.W., Inc.

Full title: GEORGE W. BAYERS, JR., v. W.O.W., INC., ET AL

Court: Supreme Court of Colorado. En Banc

Date published: Mar 11, 1963

379 P.2d 815 (Colo. 1963)

379 P.2d 815

Opinion

No. 20,418.

Decided March 11, 1963. Rehearing denied April 1, 1963.

Writ of error to review denial of temporary injunction.

Writ of Error Dismissed.

1. APPEAL AND ERROR — Motion for New Trial — Order Dispensing Therewith — Writ of Error — Dismissal. Where plaintiff in error seeks review by writ of error of order denying a temporary injunction without having filed a motion for a new trial or obtained an order dispensing therewith, the writ of error will be dismissed.

Error to the District Court of the City and County of Denver, Hon. William H. Luby, Judge.

Messrs. DONALDSON, HOFFMAN GOLDSTEIN, Mr. VICTOR F. CREPEAU, for plaintiff in error.

Messrs. HOLLAND HART, Mr. JAMES T. MORAN, Mr. WILLIAM E. MURANE, for defendants in error W.O.W., Inc., Revilo Industries, Inc., Peter Oliver and Robert L. Hall.

Messrs. HACKETHAL McNEILL, for defendant in error William C. Wilson.

MR. JUSTICE DAY delivered the opinion of the Court.

PLAINTIFF in error sought a temporary injunction in the trial court, which was denied. To that ruling of the court he brings a writ of error to this court without having filed a motion for a new trial or obtaining an order of the trial court dispensing therewith.

Under the authority of Minshall v. Pettit, 151 Colo. 501, 379 P.2d 394, the writ of error is dismissed.

MR. CHIEF JUSTICE FRANTZ dissents.

MR. CHIEF JUSTICE MOORE not participating.