Larson v. Long

This cause is before us upon a motion to dismiss the writ of error. The motion is predicated on the fact, appearing by the record, that a motion for new trial was never passed upon by the trial court.

This case was instituted in the district court of Routt county, and was tried to a jury. A verdict for defendant was returned on December 28, 1921, one of the juridical days of the November, 1921, term of the court. On January 7, 1922, the plaintiff asked and obtained additional time and until January 10, 1922, in which to file a motion for new trial. On January 10, 1922, the motion for a new…