Supreme Court of Colorado December 6, 1920, No. 9703 (Kobey v. Gottstein)

Mr. Justice Teller

delivered the opinion of the court.

Defendant in error obtained judgment against plaintiff in error on a promissory note. Motion for a new trial having been overruled on the 23rd day of July, 1917, judgment was regularly entered upon that day. Defendant in error moves for a dismissal of the writ of error upon the ground that it was not sued out until October 8, 1919.