Legal Opinion

People ex rel. Williams v. Reid

Supreme Court of Colorado

Decided December 15, 1887PublishedCited by 9 opinions

Original proceeding in the nature of quo warranto. The legislature, in 1877, adopted a law changing the beginning of the term of office of county treasurers in the state from the second Tuesday in January to the second Tuesday in July.

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Original proceeding in the nature of quo warranto. The legislature, in 1877, adopted a law changing the beginning of the term of office of county treasurers in the state from the second Tuesday in January to the second Tuesday in July. The supreme court held, in response to a legislative question on the subject, that this act operated to create a vacancy in the office between the dates mentioned, upon the expiration of the terms of the present incumbents, which vacancy the county commissioners were authorized to fill. 9 Colo. 631. The term of office of respondent Eeid expired on the 9th of…

1Opinion of the CourtHelm, J.

This cause is now submitted for consideration upon the following pleadings, to wit, the information, plea, and a general demurrer challenging the sufficiency of the plea. The jurisdiction invoked is original, not appellate. It has been held that original proceedings in this court, by information in the nature of quo warranto., take place under the constitution, not under the code chapter relating to the usurpation of offices or franchises. Also that the changes made by this chapter of the code, “in the form of remedies and in the practice, affect the district courts, not the supreme court.”…

2Cases cited1 opinion

  1. People ex. rel. Howell v. CurleySupreme Court of Colorado · 1880

3Cited by9 opinions

  1. People Ex Rel. Rogers v. LetfordSupreme Court of Colorado · 1938
  2. Board of County Commissioners v. LunneySupreme Court of Colorado · 1909
  3. Tappy v. State ex rel. ErvinSupreme Court of Florida · 1955
  4. People ex rel. Callaway v. De GuelleSupreme Court of Colorado · 1909
  5. Walsh v. People ex rel. McClenahanSupreme Court of Colorado · 1922

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