Mill v. City of Fort Collins

This cause has heretofore been before this court. Mill v. Fort Collins, 106 Colo. 229, 104 P. (2d) 143. Therein we held only that the defense of ultra vires was not available to defendant in ■ error. That opinion should nevertheless be read in connection with this for a better understanding of the complaint.

These parties appear in the same order as in the trial court and are hereinafter referred to as there. Plaintiff’s deceased husband is referred to as Mill, one H. N. Bayles as Bayles; one Frank Jesser as Jesser; one Howard Evans (a civil engineer and clerk for defendant’s commissioner of…