Kinney v. Yoelin Bros. Mercantile Co.

*296Dependant in Error moves to strike bill of exceptions because not filed within sixty days after final judgment nor within any extension lawfully granted. Code 1921, § 420; Mosher v. Lustick, 66 Colo. 455, 182 Pac. 886; Ransom v. Holland, 66 Colo. 420, 182 Pac. 885.

The judgment was rendered February 1, 1923. February 5th, a motion for new trial was filed wdiich was never heard and was therefore automatically overruled at the end of the next succeeding term, which was May 12, 1923. The judgment, therefore, became final on that date. Bates v. Woodward, 66 Colo. 555, 185 Pac. 351. The bill was…