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317 P.2d 663 (1957)
C.W. JOHNSON, d/b/a Continental Van Lines, Plaintiff in Error,
M.M. HARRIS, d/b/a Harris & Sons, Inc., a Nevada Corporation, Defendant in Error.
Supreme Court of Colorado, In Department.
December 31, 1957.
Norman E. Reynolds, Denver, for plaintiff in error.
Davis & Davis, Ridgway, for defendant in error.
On February 21, 1956, an original action was commenced in the Denver County District Court against “Continentals, Inc.”, a Colorado corporation, and W.C. Sullivan, as its agent for the purpose of service. Defendants filed no answer, and judgment was entered against both defendants, which was not appealed.
On June 21, 1956, defendant C.W. Johnson, d/b/a Continental Van Lines filed a motion and complaint to vacate the judgment and grant a new trial on the ground that the judgment was obtained by fraud and misrepresentation of facts, in that at the time the original action was filed the defendants were not defendants, but the Continental Van Lines Corporation had become the vendee of the property sold to it by the plaintiff. This motion was heard on September 7, 1956, and thereafter overruled.
*664 On October 4, 1956, defendant’s third motion and complaint for a new trial, based on the same grounds, was filed. This motion and complaint was heard on December 4, 1956, at which time the court overruled the same, and later on the same date entered its judgment.
On January 7, 1957, defendant filed his notice of appeal from the judgment entered on December 4, 1956.
The only question presented for review is the correctness of the judgment entered on December 4, 1956, overruling the motion and complaint of the defendant for a new trial. The judgment entered on January 7, 1957, was not appealable, and as the notice of appeal was not filed within thirty days from that judgment, nothing is presented for review.
The judgment entered on December 4
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