Kephart v. People ex rel. American Savings Bank
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. This was a proceeding in mandamus to compel the state treasurer to pay thirteen state warrants issued in the year 1889. There was a separate cause of action on each warrant, but as in each the allegations of the petition and the alternanative writ are the same, the disposition we make of the first count settles all.
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Appeal from the District Court of Arapahoe County. This was a proceeding in mandamus to compel the state treasurer to pay thirteen state warrants issued in the year 1889. There was a separate cause of action on each warrant, but as in each the allegations of the petition and the alternanative writ are the same, the disposition we make of the first count settles all. After the averment in the alternative writ that the warrant was duly drawn by the auditor in payment of the official salary of one of the district judges of the state for the month of June 1889, its subsequent presentation by the…
1Opinion of the CourtChief Justice Campbell
1. Ordinarily, such a request for permission further to plead or answer should be granted, but we cannot say that *76the discretion of the court in denying the request was, in this instance, abused, for we are not advised what the nature of the answer was, nor does it appear from the record that any showing was made by respondent that properly invoked the discretion.
2. Our statute (Session Laws, 1897, 157) provides, inter alia, that if a foreign corporation, having capital stock divided into shares, fails to pay a prescribed fee to the secretary of state, it shall not “have or exercise any…
2Cases cited3 opinions
- People ex rel. Clement v. SpruanceSupreme Court of Colorado · 1885
- Nance v. People ex rel. SheedySupreme Court of Colorado · 1898
- Miller v. WilliamsSupreme Court of Colorado · 1899
3Cited by7 opinions
- Chicago Title & Trust Co. v. Hagler Special School District No. 27Supreme Court of Arkansas · 1928
- Smith v. StubbsColorado Court of Appeals · 1901
- Post Printing & Publishing Co. v. ShafrothSupreme Court of Colorado · 1912
- Chipman v. ForwardSupreme Court of Colorado · 1907
- Board of County Commissioners v. People ex rel. New Hampshire Savings BankColorado Court of Appeals · 1901
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