Empire Land & Canal Co. v. Board of County
Supreme Court of Colorado
Terror to the Court of Appeals. This is an action brought in the district court of Rio Grande county by the plaintiff in error against the treasurer and board of county commissioners of Rio Grande county to restrain the treasurer from proceeding to collect an alleged illegal tax assessed and levied against the Empire Canal, the property of plaintiff in error, and to obtain an order requiring the board to cancel the tax so imposed.
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Terror to the Court of Appeals. This is an action brought in the district court of Rio Grande county by the plaintiff in error against the treasurer and board of county commissioners of Rio Grande county to restrain the treasurer from proceeding to collect an alleged illegal tax assessed and levied against the Empire Canal, the property of plaintiff in error, and to obtain an order requiring the board to cancel the tax so imposed. The complaint alleges that the plaintiff is a corporation duly organized and existing under and by virtue of the laws of the state of Colorado, and that it is the…
1Opinion of the CourtJustice Campbell
To this complaint in the district court a demurrer was interposed upon two grounds, which are urged here: First, that there is a misjoinder of parties defendant; and, second, that the complaint does not state facts sufficient to constitute a cause of action. The demurrer is a joint demurrer of the two defendants, but, in order to entitle such one as- is improperly joined as a defendant (if there is any such misjoinder) to raise this question, a separate demurrer should have been filed by him who is improperly joined. As- this objection cannot be raised by a joint demurrer, the only question…
2Cases cited2 opinions
- Wyatt v. Larimer & Weld Irrigation Co.Supreme Court of Colorado · 1893
- Empire Land & Canal Co. v. County TreasurerColorado Court of Appeals · 1891
3Cited by6 opinions
- Shaw v. BondSupreme Court of Colorado · 1918
- Spokane Valley Land & Water Co. v. Kootenai CountyDistrict Court, D. Idaho · 1912
- Murray v. Board of County CommissionersSupreme Court of Colorado · 1901
- People ex rel. Lawson v. StoddardSupreme Court of Colorado · 1905
- Storrie Project Water Users Ass'n v. GonzalesNew Mexico Supreme Court · 1949
1 more not listed; retrieve them via the Exa API.