Retallack v. Police Court of City of Colorado Springs

This is an original proceeding in the nature of prohibition challenging the jurisdiction of the municipal court in the city of Colorado Springs to try the petitioner, Retallick. Pursuant to the prayer of the petition, a rule to show cause was issued directed to respondents.

This court in Geer v. Alaniz, 138 Colo. 177, 331 P. (2d) 260, has already decided one of the points raised by petitioner. It was there held, and is controlling here, that a section of a city charter providing that no party shall be entitled to a jury trial in the municipal court is invalid. The sentence deleted from section…