Legal Opinion

Chase v. Board of County Commissioners

Supreme Court of Colorado

Decided April 15, 1906No. 5097; No. 2673 C. APublishedCited by 25 opinions

Error to the District Court of Fremont County. Hon. Morton S. Bailey, Judge. Action by J. O. Chase and D. B. Chapin against the board of county commissioners of Boulder county. From a' judgment for defendant, plaintiffs bring error.

1Opinion of the CourtJustice Campbell

There is no claim that the county, in i[s corporate capacity, has express power to make such a contract, or that the general assembly has conferred upon it any express power, or laid upon it any duty, in the matter of assessing property or collecting taxes. *271But plaintiffs assert that the hoard of commissioners, as the representative of the county, had the implied power to make this contract. The sections of the statute upon which they rely are sections 776, 774 and 791, 1 Mills’ Ann. Stats. By the first of these sections it is provided that the powers of a county as a body politic shall be'…

2Cases cited15 opinions

  1. Hornblower v. DudenCalifornia Supreme Court · 1868
  2. Grannis v. Board of County CommissionersSupreme Court of Minnesota · 1900
  3. Burnett v. MarkleyOregon Supreme Court · 1893
  4. Disbrow v. Board of SupervisorsSupreme Court of Iowa · 1903
  5. Wilhelm v. Cedar CountySupreme Court of Iowa · 1878

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3Cited by25 opinions

  1. Von Rosenberg v. LovettCourt of Appeals of Texas · 1914
  2. Fancher v. Board of CommissionersNew Mexico Supreme Court · 1921
  3. Speer v. KratzensteinNebraska Supreme Court · 1943
  4. Pierson v. Minnehaha CountySouth Dakota Supreme Court · 1912
  5. Murphy v. SwansonNorth Dakota Supreme Court · 1924

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