Dunton v. People ex rel. Aiken
Supreme Court of Colorado
Error to the District Cotort of Clear Creek County. Mon. A. M. De France, Judge. Quo warranto by the people by John W. B. Smith, district attorney for the first judicial district, upon the complaint and relation of Albert M- Akin and Olaf Iverson. From a judgment in favor of relators, respondents bring* error.
1Opinion of the CourtJustice Bailey
This- was an action in the nature of a quo warranto, in which relators contended that respondents were wrongfully usurping the offices of aldermen from the fifth ward of Idaho Spring’s, a city of the second class, and to which offices relators contended they were entitled.
In the court below relators were given the right to open and close, and this is assigned as error.
We have heretofore held in quo warranto proceedings that the burden is upon the respondent to prove his right to the office by a preponderance of the testimony. — People v. Owers, 29 Colo. 535; People ex rel. v. Stratton, 33…
2Cases cited9 opinions
- State ex rel. Coleman v. KellySupreme Court of Kansas · 1905
- People ex rel. Barton v. LondonerSupreme Court of Colorado · 1889
- Murray v. HobsonSupreme Court of Colorado · 1887
- People ex rel. Saunier v. StrattonSupreme Court of Colorado · 1905
- People ex rel. Attorney General v. OwersSupreme Court of Colorado · 1902
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3Cited by10 opinions
- Stewart v. TalbottSupreme Court of Colorado · 1913
- County Commissioners v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Colorado · 1912
- People Ex Rel. Roberg v. Board of County CommissionersSupreme Court of Colorado · 1929
- Hessick v. MoynihanSupreme Court of Colorado · 1927
- People Ex Rel. Wade v. DownenSupreme Court of Colorado · 1940
5 more not listed; retrieve them via the Exa API.