Legal Opinion

People ex rel. Seeley v. May

Supreme Court of Colorado

Decided December 15, 1885PublishedCited by 69 opinions

This was an original action in the supreme court, asking for mandamus on defendant, treasurer of Lake county, to accept and receive a county warrant issued prior to July, 1885, in payment of county taxes.

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This was an original action in the supreme court, asking for mandamus on defendant, treasurer of Lake county, to accept and receive a county warrant issued prior to July, 1885, in payment of county taxes. To the complaint defendant demurred, and, on argument, the court held that county warrants were, in so far, contracts of the county, that when a law, in force at the time of their issuance, provided that such warrants should be received in payment of county and road taxes, a subsequent act, providing that all such taxes should be paid in cash only, was unconstitutional as to warrants issued…

1Opinion of the CourtElbert, J.

We treat the first defense to the answer as amounting to a traverse of the allegations of the complaint and do not notice it further.

*84The principal contention is over the second defense interposed.

Its sufficiency is submitted on demurrer, and its determination requires the construction of section 6, article XI, of the constitution.

The section is as follows: “No county shall contract any debt by loan in any form, except for the purpose of erecting necessary public buildings, making or repairing public roads and bridges; and such indebtedness contracted in any one year shall not exceed the rates…

2Cases cited8 opinions

  1. Litchfield v. BallouSupreme Court of the United States · 1885
  2. Dixon County v. FieldSupreme Court of the United States · 1884
  3. Law v. People ex rel. HuckIllinois Supreme Court · 1877
  4. Wisconsin Central Railroad v. Taylor CountyWisconsin Supreme Court · 1881
  5. Appeal of the City of ErieSupreme Court of Pennsylvania · 1879

3 more not listed; retrieve them via the Exa API.

3Cited by69 opinions

  1. Smart v. Board of County Com'rs of Craig CountySupreme Court of Oklahoma · 1917
  2. Bedford v. Colorado Fuel & Iron Corp.Supreme Court of Colorado · 1938
  3. Rauch v. ChapmanWashington Supreme Court · 1897
  4. In re Appropriations by General AssemblySupreme Court of Colorado · 1889
  5. People v. HinderliderSupreme Court of Colorado · 1936

64 more not listed; retrieve them via the Exa API.

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