Brennan Construction Co. v. Colorado Springs Co.

Following the issuance of writ of error in this cause, and on December 15, 1955, the reporter’s transcript lodged by plaintiff in error was stricken on motion of defendants in error.

January 13, 1956, plaintiff in error filed its opening brief and a copy thereof was served on defendants in error. January 26, 1956, defendants in error filed a motion to dismiss the writ of error and filed a brief in support thereof. The matter now stands before this Court on the questions raised by the motion to dismiss the writ of error.

The grounds upon which the motion to dismiss is based are as follows:

1.…