295 P. 792 | Colo. | 1931
IN an action brought by the defendant in error against another, an automobile was attached as the property of the defendant below, who is not a party here. The plaintiff in error, claiming ownership of the attached property, filed a petition of intervention. To this petition the defendant in error, plaintiff below, interposed a demurrer which was sustained. The intervener elected to stand on its demurrer and brings error. Other than sustaining the demurrer and fixing a time for tendering a bill of exceptions no orders were made, and no final judgment entered. Entry of final judgment is requisite to the right *301
to predicate and prosecute error. Section 425, Code, '21;Martin v. Way,
The writ is dismissed, but without prejudice to further appropriate proceedings in the court below.
MR. CHIEF JUSTICE ADAMS, MR. JUSTICE CAMPBELL and MR. JUSTICE ALTER concur.