Legal Opinion · Concurring in part, dissenting in part

City and County of Denver v. Miller

Supreme Court of Colorado

Decided February 11, 1963No. 20235Published

1Concurring in part, dissenting in partJustice McWilliams

I agree with that portion of the majority opinion which holds that under Board of County Commissioners of Jefferson County, et al., v. City and County of Denver, et al., 150 Colo. 198, 372 P. (2d) 152 the purported “final” judgment entered by the trial court in favor of the plaintiffs on their claims numbered two through eight must be reversed and the matter remanded with directions to dismiss those particular claims, but disassociate myself from the balance of the opinion, which I regard as not only dictum, but erroneous dictum! To demonstrate my point I would briefly recite the chronology…

2Cases cited4 opinions

  1. Board of County Commissioners v. City & County of DenverSupreme Court of Colorado · 1962
  2. Smith v. City of EmporiaSupreme Court of Kansas · 1949
  3. School District No. 38 v. Rural High School District No. 6Supreme Court of Kansas · 1924
  4. Rice Consol. Common School Dist. No. 13 v. City of TylerCourt of Appeals of Texas · 1949

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