People Ex Rel. McQuaid v. Pickens

Plaintiee in error is hereinafter referred to as Mc-Quaid, defendant in error as Pickens, and the City and County of Denver as Denver.

Pickens was acting as municipal judge of Denver and McQuaid, claiming there was neither such office nor such officer, brought quo warranto to oust him. Judgment was for Pickens and McQuaid brings error.

Pickens claims under an ordinance. There is no present charter provision creating the office. If there were, that it would be valid is undisputed.

Amendment XX of our State Constitution, adopted in 1902, created the present municipality of Denver, made it a “Home…