Booth v. County Court
Supreme Court of Colorado
Original Proceeding. Petition for a writ of prohibition. The city of Highlands is a city of the second class, organized under the general law of the state of Colorado. At an election held therein on the 4th day of April, 1893, William W. Booth and Allison Stocker were opposing candidates for the office of mayor.
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Original Proceeding. Petition for a writ of prohibition. The city of Highlands is a city of the second class, organized under the general law of the state of Colorado. At an election held therein on the 4th day of April, 1893, William W. Booth and Allison Stocker were opposing candidates for the office of mayor. Upon the canvass of the returns of said election Booth was declared elected, and on the 13th day of April, 1883, duly qualified and entered upon the duties of the office as such mayor. On the 13th day of April, 1893, Stocker instituted a proceeding in the. county court of Arapahoe…
1Opinion of the CourtJustice Goddard
The question presented is, whether the county court has *563jurisdiction to hear and determine an election contest between rival claimants to the office of mayor of a city of the second class. Section 12, article 7 of the State Constitution provides that:
“ The general assembly shall, by general law, designate the courts and judges by whom the several classes of election contests, not herein provided for, shall be tried, and regulate the manner of trial, and all matters incident thereto; * *
The jurisdiction to try election contests, therefore, must be conferred by statute ; and unless by some…
2Cases cited6 opinions
- Ex parte StrahlSupreme Court of Iowa · 1864
- State ex rel. Turner v. FitzgeraldSupreme Court of Missouri · 1869
- People ex rel. Vejar v. MetzkerCalifornia Supreme Court · 1874
- County Court Garfield County v. SchwarzSupreme Court of Colorado · 1889
- Kittridge v. KinneMichigan Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Sarlls, City Clerk v. State, Ex Rel.Indiana Supreme Court · 1929
- Meyer v. LammSupreme Court of Colorado · 1993
- Mayor of Valverde v. ShattuckSupreme Court of Colorado · 1893
- Bowen v. RussellIllinois Supreme Court · 1916
- City Council of Cripple Creek v. HanleyColorado Court of Appeals · 1904
2 more not listed; retrieve them via the Exa API.