Doherty & Co. v. Steele
Supreme Court of Colorado
Action for the return of irrigation district bonds. Judgment for plaintiffs. Error to the District Court of the City and County of Denver, Hon. Charles C. Butler, Judge.
1DissentJustice Allen
I cannot concur in the conclusion reached by the majority, nor agree with the views expressed in the majority opinion.
Neither from the complaint, nor from the evidence, does it appear that plaintiff was entitled to maintain this suit which is based upon a cause of action, if any exists, belonging to The East Denver Municipal Irrigation District. The authorities uniformly hold, at least do the cases decided by this court on that point, and there is no dispute as to this proposition, that a taxpayer or stockholder cannot bring an action upon a cause of action belonging to the municipality or…
2Cases cited6 opinions
- Wallace v. Lincoln Savings BankTennessee Supreme Court · 1891
- City of Memphis v. BrownSupreme Court of the United States · 1874
- Auld v. TravisColorado Court of Appeals · 1895
- Hayden v. Town of AuroraSupreme Court of Colorado · 1914
- Antero & Lost Park Reservoir Co. v. LoweSupreme Court of Colorado · 1921
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