Keenan v. Colorado Farm Lands Co.

This action rests upon a motion to dismiss the proceeding on error, upon the ground that plaintiffs in error did not within the time prescribed by law and the rules of this court, file a motion for a new trial, and did not apply for nor cause to be entered, an order of the trial court dispensing with a motion for a new trial therein, and did not apply for, nor secure an extension of time within which to do so.

Section 218 of the Code of Civil Procedure provides:

“The motion for a new trial and reasons therefor, and affidavits in support thereof, when required shall be filed within five days…