Hudson v. City of Denver
Supreme Court of Colorado
Error to District Court of Arapahoe County. Plaintiff in error, Stephen Gr. Hudson, was plaintiff below. He was a member of the regular police force of the city of Denver on January 15, 1884. At that date plaintiff was removed from his said position upon the police force.
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Error to District Court of Arapahoe County. Plaintiff in error, Stephen Gr. Hudson, was plaintiff below. He was a member of the regular police force of the city of Denver on January 15, 1884. At that date plaintiff was removed from his said position upon the police force. About ten months thereafter he brought this suit for the purpose of recovering salary during that period, though his tender of services was not accepted; relying upon the proposition that the proceeding attempting his removal were fraudulent, contrary to law, and void. The meeting of the council at which plaintiff was…
1Per curiam
As a rule, the judicial branch of the government will not institute an inquiry into the motives controlling action by the legislative bodies of municipal corporations. If the particular action in question is expressly or impliedly authorized by statute, the courts will in general only inquire into the motives prompting it where fraud is charged and the party complaining claims to have been injured thereby (1 Dill. Mun. Corp. 3d ed. § 311); and, it is hardly necessary to add, the investigation in such cases will only be made in proceedings properly instituted and with the proper parties. .
The…
2Cited by4 opinions
- State ex rel. Quintin v. EdwardsMontana Supreme Court · 1910
- City of Denver v. CoulehanSupreme Court of Colorado · 1894
- Carter v. City of DurangoSupreme Court of Colorado · 1891
- Curtis v. State ex rel. MorganOhio Supreme Court · 1923