Board of Aldermen v. Darrow
Supreme Court of Colorado
Appeal from Superior Court of Denver. This was a proceeding by certiorari to review the action of the board of aldermen of the city of Denver in amoving the appellee from the position of alderman and president of the board of aldermen of the city of Denver.
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Appeal from Superior Court of Denver. This was a proceeding by certiorari to review the action of the board of aldermen of the city of Denver in amoving the appellee from the position of alderman and president of the board of aldermen of the city of Denver. It is averred by the petition that the appellee was on the 7th day of April, 1885, at an election held within the city of Denver pursuant to law, duly elected a member of the board of aldermen of said city, in and for the Fifth ward, for the term of two years next ensuing. That on the 9th of April, 1885, upon a canvass of the votes cast at…
1Opinion of the Court
Richmond, C.
The only question presented for our consideration by either party is: First, the jurisdiction of the court; and second, the legality of the action in ousting appellee out of his position as president of the board of aldermen, and amoving him from the office of alderman.
It is contended by appellant that appellee has mistaken his remedy in the prosecution of the writ of certiorari; that he should have proceeded by quo warranto against his successor in office. If title of one in possession of an office was to be tried, it is conceded quo ivctrranto would be the appropriate remedy.…
Also in this document: Per curiam.
2Cases cited5 opinions
- Dullam v. WillsonMichigan Supreme Court · 1884
- Page v. HardinCourt of Appeals of Kentucky · 1848
- Darrow v. PeopleSupreme Court of Colorado · 1885
- People ex rel. Mead v. Treasurer of Ingham CountyMichigan Supreme Court · 1877
- City of St. Paul v. MarvinSupreme Court of Minnesota · 1870
3Cited by27 opinions
- Bannerman v. BoyleCalifornia Supreme Court · 1911
- Davidson v. WhitehillSupreme Court of Vermont · 1914
- Russ v. Board of Education of Brunswick CountySupreme Court of North Carolina · 1950
- Mathews v. HedlundNebraska Supreme Court · 1908
- Nelson v. BakerOregon Supreme Court · 1924
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