Nutter v. Wright

Plaintiff in error was plaintiff in the trial court and defendant in error was defendant in that tribunal. To plaintiff’s complaint defendant filed a motion to dismiss, which motion was granted, and plaintiff brings the cause here for review by writ of error.

We again direct attention to the provisions of Rules 111 and 112 R.C.P. Colo. In the record brought to this court there is no final judgment. We find no designation of record and the certificate of the clerk of the district court makes no mention of the judgment in the cause. We have repeatedly held that unless there is a final judgment…