BAYERS v. W.O.W., INC

1. APPEAL AND ERROR — Motion for New Trial — Order Dispensing Therewith — Writ of Error — Dismissal. Where plaintiff in error seeks review by writ of error of order denying a temporary injunction without having filed a motion for a new trial or obtained an order dispensing therewith, the writ of error will be dismissed.

MR. JUSTICE DAY delivered the opinion of the Court.

PLAINTIFF in error sought a temporary injunction in the trial court, which was denied. To that ruling of the court he brings a writ of error to this court without having filed a motion for a new trial or obtaining an order of the trial court dispensing therewith.

Under the authority of Minshall v. Pettit, 151 Colo. 501, 379 P.2d 394, the writ of error is dismissed.

MR. CHIEF JUSTICE FRANTZ dissents.

MR. CHIEF JUSTICE MOORE not participating.