Eltzroth v. Murphy

There is a motion to strike the bill of exceptions because not filed in time; i. e., within sixty days from the judgment, under S. L. 1911, p. 9 (Code 1921, § 420). A motion for a new trial may be heard at the next term succeeding that at which the judgment is rendered, but not after (Bates v. Woodward, 66 Colo. 555, 185 Pac. 351), unless there be an order of court or waiver (66 Colo. 559, 185 Pac. 351).

In the present case the motion was not heard until after the end of “the succeeding term,” and there was. no order of court. It is claimed, however, that the appearance of plaintiff in error…