People Ex Rel. Foley v. Stapleton

Plaintiffs in error are hereinafter referred to as Foley, defendants in error as the city, and the Denver Tramway Corporation as the tramway.

The city, by ordinance, granted the tramway a “revocable permit” to operate passenger busses on Marion street. Foley brought mandamus to compel the cancellation thereof. The city demurred for want of facts, defect of parties, and want of jurisdiction. The ruling of the court was, “The demurrer of respondents to the alternative writ of mandamus is sustained.” Foley elected to stand and to review the judgment thereupon entered against him he prosecutes…