Trimble v. People ex rel. Phelps
Supreme Court of Colorado
JError to the District Court of Arapahoe County. Action under the code for the usurpation of the office of police commissioner of the city of Denver. Judgment for relator Phelps. Trimble brings the case to this court upon writ of error. On the 4th day of April, 1893, George H. Phelps was nominated, and by and with the advice and consent of the senate, appointed by the governor to the office of police commissioner of the city of Denver.
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JError to the District Court of Arapahoe County. Action under the code for the usurpation of the office of police commissioner of the city of Denver. Judgment for relator Phelps. Trimble brings the case to this court upon writ of error. On the 4th day of April, 1893, George H. Phelps was nominated, and by and with the advice and consent of the senate, appointed by the governor to the office of police commissioner of the city of Denver. He having duly qualified entered upon the discharge of the duties of his office, and continued in the discharge of the same until the 27th day of June, 1893,…
1Opinion of the Court
Chiee Justice Hayt
delivered the opinion of the court.
It is suggested by counsel that this court is without authority to review the judgment of the district court in this proceeding. It is conceded that if this court has jurisdiction since the. enactment of the statute creating the court of appeals, it is by virtue of the proviso in the first section of the act creating that court, by which the jurisdiction of this court is retained where the construction of a provision of the consitution of the State or of the United States is necessary to the determination of a case.
The object of providing…
2Cases cited10 opinions
- Conner v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
- Keenan v. PerryTexas Supreme Court · 1859
- People, Ex Rel. Gere v. . WhitlockNew York Court of Appeals · 1883
- People v. OsborneSupreme Court of Colorado · 1884
- Smith v. City of NewbernSupreme Court of North Carolina · 1874
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3Cited by42 opinions
- Tarrant County v. AshmoreTexas Supreme Court · 1982
- Ex parte CorlissNorth Dakota Supreme Court · 1907
- City & County of Denver v. HallettSupreme Court of Colorado · 1905
- Gray v. McLendonSupreme Court of Georgia · 1910
- Matter of CarterCalifornia Supreme Court · 1903
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