Legal Opinion

Brown v. State

Supreme Court of Colorado

Decided April 15, 1881PublishedCited by 29 opinions

Appeal from District Cov/rt of Jefferson Comfy. The case is stated in the opinion.

1Opinion of the CourtElbert, C. J.

This action was brought by the State to recover possession of certain real property known as the “ capítol grounds,” situated in the city of Denver. The State had judgment below, and Brown appealed.

It is assigned for error, (1) “ That the State cannot maintain a civil action in the nature of ejectment, or the action providéd for in the Code, of that nature to try the title to land.”

It is accepted law, that a State, as a political corporation, may maintain, in its corporate name and in its own courts, actions for the enforcement of its rights or the redress of its wrongs, independently of any…

2Cases cited1 opinion

  1. Foote v. PeopleNew York Court of Appeals · 1874

3Cited by29 opinions

  1. In Re PfahlerCalifornia Supreme Court · 1906
  2. Carter v. City & County DenverSupreme Court of Colorado · 1945
  3. State v. DuniwayOregon Supreme Court · 1912
  4. Salmer v. LathropSouth Dakota Supreme Court · 1897
  5. Cole v. COLORADO SPRINGS COMPANYSupreme Court of Colorado · 1963

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