Opinion
No. 17,428.
Decided January 17, 1955. Rehearing denied January 31, 1955.
An action to obtain a court order setting aside a foreclosure sale of property under a mortgage, restoring the property to plaintiff, and for damages.
Writ of Error Dismissed.
1. APPEAL AND ERROR — Rules — No Judgment. In an action to obtain a court order setting aside a foreclosure sale of property, restoring the property to plaintiff, and for damages, it is held, that the Rule 112 (a) R.C.P. Colo., requiring the inclusion or the judgment in the record is mandatory, and without a compliance therewith, there is nothing for the Supreme Court to review.
Error to the District Court of Jefferson County, Hon. Osmer E. Smith, Judge.
Mr. HOWARD E. ERICKSON, for plaintiffs in error.
Mr. ELIAS J. CANDELL, for defendant in error.
NOWHERE in the record submitted by plaintiffs in error does it appear that a judgment was entered against them in the trial court. We find original and amended findings of fact by the trial judge and direction to the clerk for the entry of judgment, but no such judgment was ever entered of record in the trial court. Rule 112 (a) R.C.P. Colo., requiring the inclusion of the judgment in the record is mandatory, and without a compliance therewith there is nothing for this court to review, Savageau, Inc. v. Larsen, 117 Colo. 229, 185 P.2d 1012; Howard v. American Law Book Co., 121 Colo. 5, 212 P.2d 1006. The writ of error is, therefore, dismissed.