Bayers v. W.O.W., Inc.

Failure to file a motion for new trial in the trial court is an irregularity; such failure does not render this court wanting in jurisdiction to determine a writ of error. Such irregularity can be waived. Williams v. Williams, 110 Colo. 473, 135 P. (2d) 1016. Quod erat demonstrandum.

In enumerating the “deficiencies” of a record before it, this court observed: “Further, the record on error contains nothing to show that a motion for a new trial was made or dispensed with, which, at least, as to issues of fact, is a condition precedent to the maintenance of a review of the judgment on writ of…