Legal Opinion

People ex rel. School District No. 2 v. County Commissioners

Supreme Court of Colorado

Decided December 15, 1888PublishedCited by 16 opinions

Original Proceeding — Application for-Mandamus. Petition by the people, at the relation of school district No. 2 of Lake county, against the board of county commissioners of Lake county for mandamus to compel respondents to levy a tax. Constitution of Colorado, article 10, éection 7, provides that the general assembly shall not impose taxes for the purposes of any municipal corporation, but may vest the corporate authorities with that power.

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Original Proceeding — Application for-Mandamus. Petition by the people, at the relation of school district No. 2 of Lake county, against the board of county commissioners of Lake county for mandamus to compel respondents to levy a tax. Constitution of Colorado, article 10, éection 7, provides that the general assembly shall not impose taxes for the purposes of any municipal corporation, but may vest the corporate authorities with that power. General Statutes of Colorado, section 3019, provides that the county superintendent shall ascertain the boundaries of school districts and keep a record…

1Opinion of the CourtJustice Elliott

This is an original proceeding, instituted in this court by school district No. 2, Lake county, in the name of the people of the state against the board of county commissioners of Lake county, to obtain a writ of mandamus to compel the defendants to levy or cause to be levied upon the taxable property of said district a special school tax for the benefit of said school district, in pursuance of amended sections 67, 70, chapter 97, General Statutes of Colorado.

The questions to be determined in this action arise upon demurrer to defendants’ answer. The answer itself is, *91for the most part, only…

2Cases cited1 opinion

  1. Wheeler v. Northern Colorado Irrigation Co.Supreme Court of Colorado · 1886

3Cited by16 opinions

  1. Lujan v. Colorado State Board of EducationSupreme Court of Colorado · 1982
  2. Consumers' League v. Colorado & Southern Railway Co.Supreme Court of Colorado · 1912
  3. Mikell v. Philadelphia School DistrictSupreme Court of Pennsylvania · 1948
  4. Bolt v. Arapahoe County School District No. SixSupreme Court of Colorado · 1995
  5. State v. RossSupreme Court of Oklahoma · 1919

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