[DOWNLOAD] "Cortvriendt v. Cortvriendt" by Colorado Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Cortvriendt v. Cortvriendt
- Author : Colorado Supreme Court
- Release Date : January 08, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
[1] The only question to be determined is whether the trial court erred in denying plaintiffs motion to vacate the order of October 15, 1958. As pointed out above the plaintiff filed no motion for a new trial with respect to this order, nor did she seek review thereof by writ of error. It is noted that plaintiff in her motion to vacate did not claim that the court lacked jurisdiction to hear and determine the plaintiffs motion upon which the order of October 15, 1958, was entered. None of the grounds prescribed by Rule 60, R.C.P. Colo., upon which a party may be relieved from a final judgment or order is urged in plaintiffs motion to vacate, hence no abuse of discretion in denying such motion can be shown. If, as appears to be the case, plaintiff hopes by this means to obtain a review of the order of October 15, 1958, as to which no writ of error may now issue, her hope is in vain. This motion to vacate is simply not reviewable by writ of error. See Miller v. Buyer, 77 Colo. 329, 236 Pac. 990, where the Court said: