Ferch v. District Court of City and County of Denver

Mr. Justice Stone delivered

the opinion of the court.

Petitioner as plaintiff filed a taxpayer’s action in the respondent court, seeking to recover for himself and others similarly situated, for the benefit of the City and County of Denver and of its taxpayers, a sum of money allegedly paid to one Sam Hansen by the city for services for removing garbage therefrom, and for injunctive relief. Motion to dismiss this cause was granted by the trial court and upon error judgment of dismissal was reviewed by us in Ferch v. Hansen, 115 Colo. 366, 174 P. (2d) 719, where the nature of the proceeding is…