Wiggins v. McAuliffe

Wiggins, after receiving a summons to appear in the traffic division of the Municipal Court in the City and County of Denver, filed a complaint in the district court for relief in the nature of a writ of prohibition under Rule 106 (a) (4), R.C.P. Colo. In the complaint it was alleged that the municipal court lacked jurisdiction in the matter, substantially for the following reasons:

1. The summons and complaint was defective in a material and substantive form required by law, in that it did not specify the date of passage by the City Council of the ordinance allegedly violated by Wiggins; and,

2…