Dusing v. Nelson

Decided December 15, 1881

Supreme Court of Colorado · decided 1881-12-15

<p>Under the statute an appeal to this court must be prayed within three days after the time of rendering the judgment or entering the decree. The pendency of a motion to vacate the judgment and for a new trial does not relieve from the statutory requirement.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1881-12-15

How this case has been cited

Cited by 7 later decisions — most recently March 1987

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam:

¶1The judgment in this case was rendered and entered of record on the 19th of April, 1881. After-wards, and on the same day, the defendant filed his mo*40tion to vacate the judgment and for a new trial. This motion was heard and overruled on the 27th of April, 1881, when the defendant prayed an appeal. The statute requires that the appeal be prayed within three days after the time of rendering the judgment or decree.

¶2The appeal in this case was not prayed until nine days after the rendition of the judgment, and was not in time. The pendency of the defendant’s motion to vacate the judgment and for a new trial did not relieve him from the statutory requirement. Freas v. Townsend, 1 Col. 87.

¶3The motion to dismiss the appeal must be allowed.

¶4Appeal dismissed.