Legal Opinion

People ex rel. Dean v. Board of County Commissioners

Supreme Court of Colorado

Decided April 15, 1882PublishedCited by 17 opinions

This cause came on for rehearing on the demurrer interposed by the relator to the return made by the respondents to an alternative writ of mandamus. The case is fully stated in the opinion.

1Opinion of the Court

■Beck, J.

In the. opinion recently announced in this case, it was held that at the time of the election in Grand county to determine the question of the removal of the county seat, no law existed upon that subject authorizing the election. For this reason the steps taken to change the county seat were held to be void.

This conclusion was arrived at from the following, among other considerations, to wit: that the territorial statute (sec. 42, ch. XX, R. S., as amended by the act of February 9, 1816), which constituted the only law on the subject of the removal of county seats, was a special or…

2Cases cited6 opinions

  1. State ex rel. Missouri & Mississippi Railroad v. Macon County CourtSupreme Court of Missouri · 1867
  2. County of Calaveras v. BrockwayCalifornia Supreme Court · 1866
  3. People ex rel. Farrington v. WhitcombIllinois Supreme Court · 1870
  4. State v. ThompsonSupreme Court of Kansas · 1864
  5. State v. BarbeeIndiana Supreme Court · 1852

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3Cited by17 opinions

  1. People ex rel. Barton v. LondonerSupreme Court of Colorado · 1889
  2. Town of Pagosa Springs v. PeopleColorado Court of Appeals · 1913
  3. Williams v. Fourth National BankSupreme Court of Oklahoma · 1905
  4. Kindel v. Le BertSupreme Court of Colorado · 1897
  5. Poe v. Sheridan CountyMontana Supreme Court · 1916

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