People ex rel. Attorney General v. Owers
Supreme Court of Colorado
Original Proceedings in Quo Warranto. This information in quo warranto by the people of the state of Colorado, upon the relation of Charles C. Post, its attorney general, filed on the 9th day of September, 1901, charged that for eight months then last past the defendant, Frank W- Owers, had usurped and intruded into, and was unlawfully holding and exercising the office of judge of the district court of the fifth judicial district of the state of Colorado, and called upon him…
Read the full summary
Original Proceedings in Quo Warranto. This information in quo warranto by the people of the state of Colorado, upon the relation of Charles C. Post, its attorney general, filed on the 9th day of September, 1901, charged that for eight months then last past the defendant, Frank W- Owers, had usurped and intruded into, and was unlawfully holding and exercising the office of judge of the district court of the fifth judicial district of the state of Colorado, and called upon him to answer by what warrant he claimed to hold and exercise the duties of the office. 'Without stating in detail the…
1Opinion of the CourtChief Justice Campbell
(after the foregoing statement of facts) delivered the opinion of the court.
The jurisdiction of this court to entertain quo warranto proceedings to oust from office a constitutional officer subject to impeachment, is challenged by defendant. It is contended that swh officer can be removed only by impeachment proceedings by the general assembly. We shall, however, assume that this court is vested with jurisdiction over the charges herein preferred, and proceed to dispose of the cause on its merits.
It is conceded that in jurisdictions where common law rules and principles of procedure prevail,…
2Cases cited1 opinion
- Jain v. BossenSupreme Court of Colorado · 1900
3Cited by14 opinions
- City of Enderlin v. Pontiac TownshipNorth Dakota Supreme Court · 1932
- Lyons v. EganSupreme Court of Colorado · 1942
- People ex rel. Saunier v. StrattonSupreme Court of Colorado · 1905
- Baker v. StateCourt of Appeals of Maryland · 2003
- Dunton v. People ex rel. AikenSupreme Court of Colorado · 1906
9 more not listed; retrieve them via the Exa API.