Board of County Com'rs of Arapahoe Co. v. Crotty
Supreme Court of Colorado
Error to the Superior Court of Denver. One of the sureties on the official bond of the defendant in error, who was a justice of the peace of Arapahoe county, gave notice to the board of county commissioners, as provided by law, that he was not longer willing to be such surety. Thereupon the county clerk notified said justice of the fact, and likewise that the board of county commissioners required him to file other surety as required by law.
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Error to the Superior Court of Denver. One of the sureties on the official bond of the defendant in error, who was a justice of the peace of Arapahoe county, gave notice to the board of county commissioners, as provided by law, that he was not longer willing to be such surety. Thereupon the county clerk notified said justice of the fact, and likewise that the board of county commissioners required him to file other surety as required by law. The justice filed a new bond, which the said board of county commissioners, at a regular meeting held five days afterwards, adjudged insufficient, and…
1Opinion of the CourtBeck, C. J.
The rule is well established that, where the exercise of official discretion or -official judgment is required of an officer or board, mandamus will not lie either to control the exercise df such discretion, or to determine what judgment shall be given. If an officer or board of officials, vested by law with discretionary powers, refuse to act, mandamus is the proper remedy to compel aotion, but not to interfere with the exercise of official discretion or judgment. High, Extr. Rem. § 42, and authorities cited.
By section 1942, Gen. Laws, the board of county commissioners is authorized and…
2Cases cited1 opinion
- Howland v. . EldredgeNew York Court of Appeals · 1871
3Cited by1 opinion
- People ex rel. Denison v. ButlerSupreme Court of Colorado · 1897