Nicholls v. Barrick
Supreme Court of Colorado
Appeal from the County Court of Jefferson County. At the last general election held in the county of Jefferson, the parties to this action were candidates for the office of sheriff of that county. Appellant was the candidate of the Republican party, and appellee the candidate of the People’s, Silver Republican, Teller Silver Republican, Democrat and Populist parties.
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Appeal from the County Court of Jefferson County. At the last general election held in the county of Jefferson, the parties to this action were candidates for the office of sheriff of that county. Appellant was the candidate of the Republican party, and appellee the candidate of the People’s, Silver Republican, Teller Silver Republican, Democrat and Populist parties. The canvassing board found that each had received an equal number of votes, whereupon it determined by lot which was elected, which determination resulted in favor of the appellant, to whom was issued a certificate of election.…
1Opinion of the CourtJustice Gabbert
1. The bond for costs required by the statute in proceedings of this character is for the benefit of the contestee. Whether it be given or not in the first instance, does not affect the jurisdiction of the court. If none be given when the action is commenced, or if the one accepted be insufficient, it is incumbent upon the contestee, to object at the earliest opportunity ; otherwise, he will waive his rights in this respect. In the case at bar he made no objection to the bond until after issues were joined, and the cause set for trial. The motion to dismiss was in the nature of a plea in…
2Cases cited14 opinions
- Tebbe v. SmithCalifornia Supreme Court · 1895
- State ex rel. Waggoner v. RussellNebraska Supreme Court · 1892
- Kellogg v. HickmanSupreme Court of Colorado · 1889
- Owens v. State ex rel. JennettTexas Supreme Court · 1885
- Schwarz v. County CourtSupreme Court of Colorado · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Meyer v. LammSupreme Court of Colorado · 1993
- Fry v. LeeColorado Court of Appeals · 2013
- Neelley v. FarrSupreme Court of Colorado · 1916
- Littlejohn v. PeopleSupreme Court of Colorado · 1912
- Bloedel v. CromwellSupreme Court of Minnesota · 1908
18 more not listed; retrieve them via the Exa API.