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Horlbeck et al. v. Walther

Colorado Supreme Court1955-01-17No. No. 17,428
131 Colo. 36279 P.2d 434

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Per Curiam:

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 (2d) 1012; Howard v. American Law Book Co. 121 Colo. 5, 212 P. (2d) 1006. The writ of error is, therefore, dismissed.