Nance v. People ex rel. Sheedy
Supreme Court of Colorado
JSrror to the District Qou/rt of Arapahoe County. • This action was originally commenced by defendant in error against Nance, state treasurer, for mandamus, requiring him to pay a warrant drawn by tbe state auditor. The alternative writ issued, and was served upon the respondent Nance, who demurred to the petition. This appearance was by Hon. Eugene Engley, then attorney general.
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JSrror to the District Qou/rt of Arapahoe County. • This action was originally commenced by defendant in error against Nance, state treasurer, for mandamus, requiring him to pay a warrant drawn by tbe state auditor. The alternative writ issued, and was served upon the respondent Nance, who demurred to the petition. This appearance was by Hon. Eugene Engley, then attorney general. Before this demurrer was heard, the term of Nance expired, he having been succeeded by Mulnix as state treasurer. Attorney General Engley’s term had, also, expired, and he was succeeded by Hon. Byron L. Carr, as…
1Opinion of the CourtJustice Gabbert
This record presents the following propositions : First, was. Attorney General Garr the attorney for Mulnix in this action ? Second, was it proper to substitute the latter as the respondent, in the case ? Third, did the court have the authority to enter a judgment and direct issuance of the peremptory writ on the supplemental alternative writ issued, on the amended petition filed ?
The first and second propositions will be considered tor gether. The point is made by plaintiff in error that the-attorney general upon whom the notice of motion for substitution was served, as, also, the notice…
2Cases cited15 opinions
- Wheeler v. Northern Colorado Irrigation Co.Supreme Court of Colorado · 1887
- People ex rel. Crawford v. LothropSupreme Court of Colorado · 1877
- State ex rel. Soutter v. Common Council of the MadisonWisconsin Supreme Court · 1861
- People ex rel. Clement v. SpruanceSupreme Court of Colorado · 1885
- Collier & Cleveland Lithographing Co. v. HendersonSupreme Court of Colorado · 1893
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Kephart v. People ex rel. American Savings BankSupreme Court of Colorado · 1900
- Post Printing & Publishing Co. v. ShafrothSupreme Court of Colorado · 1912
- Boise-Kuna Irrigation District v. HartsonIdaho Supreme Court · 1929
- Doolittle v. EckertIdaho Supreme Court · 1933
- Board of Trustees v. People ex rel. KeithColorado Court of Appeals · 1899
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