City Council of Cripple Creek v. People ex rel. Ferguson

Gunter, J.. Relator, candidate for the position of alderman of the city of Cripple Creek, received a certificate of election and qualified. A contest before the council by his opponent, Matthews, resulted in a resolution purporting to unseat relator and to seat Matthews. After such action of the council Matthews entered upon the discharge of his duties as a member thereof, and was in the discharge of such duties at the time of the bringing of this action. Relator brought this action (mandamus») whereby he sought to be restored to the position of alderman. The action was against the council of…