Holmberg v. News-Times Publishing Co.
Supreme Court of Colorado
Error to the District Court of the City and County of Denver. Action was instituted in the court below by the defendant in error, the purpose of which was to restrain the plaintiffs in error, respectively auditor and treasurer of the state, from drawing warrants upon, or paying out funds on account of any appropriation made by what purports to be the general appropriation bill, passed by the last general assembly, and known as House Bill No. 433, filed with the secretary of…
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Error to the District Court of the City and County of Denver. Action was instituted in the court below by the defendant in error, the purpose of which was to restrain the plaintiffs in error, respectively auditor and treasurer of the state, from drawing warrants upon, or paying out funds on account of any appropriation made by what purports to be the general appropriation bill, passed by the last general assembly, and known as House Bill No. 433, filed with the secretary of state. So far as necessary to notice, in order to present the one question we shall decide, the complaint charged that…
1Opinion of the CourtJustice Gabbert
Unless the construction of a provision of the constitution of the state or of the United States is necessary to a determination of this action, this court is without jurisdiction to entertain it. — Mills’ Ann. Code, see. 406a.
On behalf of the auditor and treasurer, the attorney general contends that the proposition involved is the power of the court to take oral or other extrinsic testimony for the purpose of contradicting or impeaching an enrolled, signed and approved act, or the journals of the general assembly relating to its passage; or, in other words, when the validity of a statute is…
2Cases cited1 opinion
- Board of Public Works v. Denver Telephone Co.Supreme Court of Colorado · 1901
3Cited by1 opinion
- Gregg v. Board of County CommissionersSupreme Court of Colorado · 1904