Opinion
No. 17,200.
Decided January 18, 1954.
An action for damages for injury to plaintiff's building allegedly caused by a building constructed by defendant on an adjoining lot. Judgment for plaintiff.
Reporter's Transcript of the Record, Stricken From the Record on Error.
1. APPEAL AND ERROR — Records — Practice and Procedure. Where a reporter's transcript is lodged with the clerk of the trial court several days late, and no application was made for an extension of the time pursuant to a pertinent rule of procedure, for lodging same, it will be stricken from the record on error.
Error to the District Court of Rio Blanco County, Hon. Clifford H. Darrow, Judge.
Mr. W. JARRARD JONES, for plaintiff in error.
Mr. ROBERT DELANEY, Mr. KENNETH BALCOMB, for defendants in error.
THIS matter, under consideration by us at the same time, under similar facts, and involving the same principles, as determined in cause No. 17,201, entitled Continental Air Lines, Inc. v. City and County of Denver, the decision on which is this day announced, is governed by the identical rules and principles therein set forth. In this case the reporter's transcript was lodged with the clerk of the trial court four days late, or sixty-four days after the entry of judgment, no application having been made for extension of time pursuant to Rule 6 (b), (R.C.P. Colo.) The reporter's transcript is ordered stricken from the record on error.