Legal Opinion

Henderson v. Collier & Cleveland Lithographing Co.

Colorado Court of Appeals

Decided April 15, 1892PublishedCited by 1 opinion

Error to the District Court of Arapahoe County. Defendant in error applied to the district court for a writ of mandamus commanding plaintiff in error to draw a warrant upon the treasurer for the payment of 18,733.81, alleged to be due defendant for public printing.

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Error to the District Court of Arapahoe County. Defendant in error applied to the district court for a writ of mandamus commanding plaintiff in error to draw a warrant upon the treasurer for the payment of 18,733.81, alleged to be due defendant for public printing. On the 30th day of January, 1891, the following joint resolution was passed by the state senate, and on the 6th of February by the house of representatives: “ Be it resolved by the senate, the house of representatives concurring, That three thousand copies of the state engineer’s report be printed as prepared, to be by the state…

1Opinion of the CourtReed, J.

The questions of law raised by the demurrer are the only ones to be determined in this court.

This court enters with great reluctance upon the examination of grave constitutional questions, its conclusions not being final, the ultimate determination of them resting, very wisely and properly, in the supreme court. We regret the necessity, cast by law upon us, of an intermediate examination, experimentally. But litigants having a right to invoke *253a judgment of this court, we acquiesce in the inevitable, feeling that perhaps the labor of the supreme court may be lessened by this.

Sec. 39, art. 5 of…

2Cases cited3 opinions

  1. People ex rel. Clement v. SpruanceSupreme Court of Colorado · 1885
  2. Burritt v. Commissioners of State ContractsIllinois Supreme Court · 1887
  3. May v. RiceIndiana Supreme Court · 1883

3Cited by1 opinion

  1. Prior v. NolandSupreme Court of Colorado · 1920

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