People ex rel. Barton v. Londoner
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. At an election, for mayor of the city of Denver, held in April last, relator, Barton, and respondent, Londoner, were opposing candidates. The returns on their face gave a majority of three hundred and seventy-seven for respondent. Upon a canvass by the proper board, respondent was declared elected. A certificate issued to him accordingly; and he duly qualified, and has since discharged the duties of the office.
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Appeal from District Court of Arapahoe County. At an election, for mayor of the city of Denver, held in April last, relator, Barton, and respondent, Londoner, were opposing candidates. The returns on their face gave a majority of three hundred and seventy-seven for respondent. Upon a canvass by the proper board, respondent was declared elected. A certificate issued to him accordingly; and he duly qualified, and has since discharged the duties of the office. Relator claimed that upwards of one thousand five hundred of the votes cast for respondent were illegal a,nd fraudulent, and that…
1Opinion of the CourtChief Justice Helm
1. It is asserted by respondent that the district court had no jurisdiction to entertain the present proceeding, *306and that court itself so declared when dismissing the petition. The assertion and judgment are based upon the following statute, and certain constitutional provisions hereinafter considered: “If the election of a mayor * * * shall be contested, the contest shall be heard and determined by the board of supervisors, under rules which said board shall establish for such hearing.” Denver City Charter, art. 4, § 9.
The mayor of Denver is not a member of the city council. He does not…
2Cases cited12 opinions
- Darrow v. PeopleSupreme Court of Colorado · 1885
- Brown v. City of DenverSupreme Court of Colorado · 1884
- Miller v. WilsonOhio Supreme Court · 1846
- Carpenter v. People ex rel. TilfordSupreme Court of Colorado · 1884
- State ex rel. Ewing v. FrancisSupreme Court of Missouri · 1885
7 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Commonwealth v. Kentucky Jockey ClubCourt of Appeals of Kentucky (pre-1976) · 1931
- Meyer v. LammSupreme Court of Colorado · 1993
- State ex rel. Bingham v. Home Brewing Co.Indiana Supreme Court · 1914
- State ex rel. Fullerton v. Des Moines City RailwaySupreme Court of Iowa · 1906
- State ex rel. Morrison v. FreelandWest Virginia Supreme Court · 1954
36 more not listed; retrieve them via the Exa API.