Berkey v. Board of Commissioners
Supreme Court of Colorado
Error to Pueblo District Court — Hon. C. S. Essex, Judge.
1Opinion of the CourtJustice Bailey
Under the pleadings there is practically no disputed fact question. The controversy fairly presents only matters of law, including the question of the propriety of the remedy through which relief is. sought.
Counsel for defendant, at the oral argument, very properly suggested that he would not argue that *109mandamus is not the remedy, in view of the Colorado decisions directly in point on that proposition, but would seek rather to sustain the lower court in its judgment of dismissal on other grounds.
The bonds in question were issued under a special territorial act approved January 10, 1868, by…
2Cases cited9 opinions
- Lincoln County v. LuningSupreme Court of the United States · 1890
- City of Austin v. CahillTexas Supreme Court · 1905
- Attorney General v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Denver Public Warehouse Co. v. HollowaySupreme Court of Colorado · 1905
- Sawyer v. ColganCalifornia Supreme Court · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Garrett v. Arrowhead Improvement Ass'nSupreme Court of Colorado · 1992
- Shell Western E&P, Inc. v. Dolores County Board of CommissionersSupreme Court of Colorado · 1997
- Strader v. Beneficial Finance Company of AuroraSupreme Court of Colorado · 1976
- Littlefield v. City of ShreveportSupreme Court of Louisiana · 1921
- Rodin v. State Ex Rel. City of CheyenneWyoming Supreme Court · 1966
21 more not listed; retrieve them via the Exa API.