Rudd v. Rogerson

Opinion by

Mr. Justice Sutton.

The parties appear here in the same order as in the trial court where Rudd was plaintiff and Rogerson defendant. We shall refer to them by name.

Rudd seeks review of a judgment of the District Court of Boulder County dismissing both his complaint and Rogerson’s counterclaim for failure to prosecute. We note this is the third time this court has considered some aspect of this case and for that reason a brief history of the facts involved will be set forth.

The record discloses that the original complaint in this action concerned the sale of cattle and was filed in…