Mayor of Aspen v. Aspen Town & Land Co.
Supreme Court of Colorado
Appeal from District Court, Garfield County. The case presented by this record is a proceeding by mandamus on part of the Aspen Town & Land Company against the mayor and board of trustees of the town of Aspen, to compel said corporate authorities to issue a deed to the plaintiff for a considerable portion of the lots and blocks comprising the town site of said town, the same being located in the county of Pitkin.
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Appeal from District Court, Garfield County. The case presented by this record is a proceeding by mandamus on part of the Aspen Town & Land Company against the mayor and board of trustees of the town of Aspen, to compel said corporate authorities to issue a deed to the plaintiff for a considerable portion of the lots and blocks comprising the town site of said town, the same being located in the county of Pitkin. The plaintiff’s petition in this case sets out the history of the entry of said town site by J. W. Deane, county judge of said Pitkin county, the organization of the plaintiff as a…
1Opinion of the CourtBeck, C. J.
It is assigned for error that the court erred in entertaining the application for a temporary writ of mandamus, because the remedy of petitioner, if any, was by a proceeding in equity. In support of the remedy selected by the plaintiff, we are referred to section 333, page 102, of the Civil Code, which provides that “ the writ of mandamus may be issued * * * to any inferior tribunal, corporation, board, officer, or person, to compel the performance of an act which the law specially enjoins as a duty resulting from an office, trust or station.” Also to the following quotation from High, Extr.…
2Cases cited16 opinions
- Johnson v. TowsleySupreme Court of the United States · 1871
- Silver v. LaddSupreme Court of the United States · 1869
- Hussey v. SmithSupreme Court of the United States · 1879
- Winfield Town Co. v. MarisSupreme Court of Kansas · 1873
- People ex rel. Clement v. SpruanceSupreme Court of Colorado · 1885
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- White v. Constitution Mining & Milling Co.Idaho Supreme Court · 1936
- Sturner v. James A. McCandless Investment Co.Supreme Court of Colorado · 1930
- Rice v. GoodwinColorado Court of Appeals · 1892
- Towles v. MeadorSupreme Court of Colorado · 1928
- State ex rel. Comerford v. FitzpatrickSupreme Court of Louisiana · 1893
6 more not listed; retrieve them via the Exa API.