72 Colo. 472 | Colo. | 1922
delivered the opinion of the court.
Dependant in error filed its complaint alleging that it had employed the defendant to superintend certain alterations in a building recently rented by it; that he had collected from the plaintiff sums as paid out to mechanics
The record contains nothing further on the question of resetting. The matter is now before us on error. Counsel contends that the court erred in rejecting his tendered amended answer; in not granting a jury trial; and in receiving evidence over defendant’s objection. Waiving the fact that the record does not fairly present either the question of the right to file the amended answer, or the right to a trial by a jury, it is sufficient to say that the amended answer was not tendered until the cause had been at issue some nine months, and the affidavit in support of the motion to amend shows no reason why the facts set up in the amended answer were not pleaded originally. The affidavit appears to charge negligence upon the part of the attorney who filed the original answer. It cannot be said that the court abused its discretion, if it did deny leave to file the amended answer.
The third error assigned is in the admission of evidence, but the assignment is in general terms, and in counsel’s brief it is only objected that leading questions were permitted and hearsay evidence admitted. No particular evidence is mentioned as being erroneously admitted. Under the established practice, we cannot consider such an assignment of error.
There being no error apparent in the record, the supersedeas is denied and the judgment affirmed.