(Download) "Journeymen Barbers v. Industrial Commission" by Colorado Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Journeymen Barbers v. Industrial Commission
- Author : Colorado Supreme Court
- Release Date : January 24, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
From the record it appears that on February 25, 1954, after the death of Harris P. Wolfberg, plaintiff filed its motion to substitute his executrix as a defendant in the trial court. Following a hearing on April 14, 1954, that motion was denied. No reason was given by the trial court as the basis of its ruling, and no order dismissing the case as to Harris P. Wolfberg was entered. We note that both the motion for substitution under Rule 25, Colo. R.C.P., and the courts order denying the same, fail to disclose either the date of death or the date of admission to probate of the last will and testament of Harris P. Wolfberg; however, in plaintiff in errors answer in this court it is stated that he died in January, 1954. With the motion below disposed of, the matter proceeded to trial without a jury, resulting in a judgment of dismissal which was entered March 19, 1956. Plaintiffs motion for a new trial alleged among other things that it was error to deny its motion for substitution of the executrix for the deceased defendant Wolfberg. Motions for new trial and for judgment were both denied by the trial court on July 31, 1956, and plaintiff in error seeks relief by writ of error.