Hockaday v. Board of County Commissioners
Colorado Court of Appeals
Error to District Court of Chaffee County. The plaintiff Hockaday brought suit against the defendants to collect from the county the amounts due on several county warrants or orders, aggregating $1,318.29, and the interest on the same. Such warrants were issued in the years 1884,1885 and 1886, and were drawn payable out- of any moneys in the treasury belonging to the “ Road Fund.”
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Error to District Court of Chaffee County. The plaintiff Hockaday brought suit against the defendants to collect from the county the amounts due on several county warrants or orders, aggregating $1,318.29, and the interest on the same. Such warrants were issued in the years 1884,1885 and 1886, and were drawn payable out- of any moneys in the treasury belonging to the “ Road Fund.” The warrants were presented to the treasurer of the county for payment at various dates from April 28, 1884, to March 31, 1886; were not paid, but were indorsed by the treasurer, “not paid for want of funds,” and…
1DissentBissell, J.
The algebraic representation of the unknown, quantity “ x ” probably well expresses the value and usefulness of a dissenting opinion in judicial proceedings. The universality of the custom coupled with the importance of the present inquiry has led to the labor and the possible encumbrance of the reports with this opinion.
I differ radically with my associates both in regard to the law which is applicable to the controversy and in regard to what the proof tends to establish. The stipulation of facts on which the case was tried is partially quoted in the principal opinion. It is assumed in it…
2Cases cited21 opinions
- People ex rel. Seeley v. MaySupreme Court of Colorado · 1885
- Ketchum v. . the City of Buffalo and AustinNew York Court of Appeals · 1856
- People Ex Rel. Conway v. Board of SupervisorsNew York Court of Appeals · 1877
- Kayser v. MaughamSupreme Court of Colorado · 1885
- Lake v. Trustees of the Village of WilliamsburghNew York Supreme Court · 1847
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