Colburn v. Ernst

The defendant in error moves to strike the motion for a rehearing on the ground that it violates rule 48. We do not think so. It states a point that we might have overlooked, and states matters showing the relation of that point to our decision and nothing irrelevant thereto. The motion to strike should be denied.

We dismissed the writ of error without opinion on the authority of Snider v. Ostrander, 62 Colo. 99, 160 Pac. 195.

The motion for dismissal was on the ground that no motion for a new trial was filed within five days after verdict, as required by the Code of 1921, § 238. The verdict…