Legal Opinion

Sargent v. Board of County Commissioners

Supreme Court of Colorado

Decided April 15, 1895PublishedCited by 5 opinions

Error of the County Court of La Plata County. The sheriff and the board of county commissioners of La Plata county disagreed as to the amount of fees to which the sheriff was entitled, and this case, embracing such differences, was submitted to the county court upon an agreed statement of facts, accompanied by the proper affidavit of merit.

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Error of the County Court of La Plata County. The sheriff and the board of county commissioners of La Plata county disagreed as to the amount of fees to which the sheriff was entitled, and this case, embracing such differences, was submitted to the county court upon an agreed statement of facts, accompanied by the proper affidavit of merit. It involves the construction of an act of the legislature concerning fees, which was approved on the 6th of April, 1891 (see Session Laws, p. 200), and a portion of the salary act approved on the same day (Session Laws 1891, p. 307). There are seven causes…

1Opinion of the CourtJustice Campbell

The plaintiff in error for the first time urges in this court that the fee act is unconstitutional, in that the manner of its passage, prescribed by the constitution:, was not observed by the legislature; but this point was not raised in the court below, nor is it preserved in the record or in the assignment *162of errors. Under the decision of Marean v. Stanley, ante, p. 43, plaintiff in error cannot now be heard to make this objection. Hence the questions to be determined in this controversy involve merely the construction of section 4 of the fee act and section 11 of the salary act.

The…

2Cases cited4 opinions

  1. United States v. HarmonSupreme Court of the United States · 1893
  2. Madison, Watertown & Milwaukee Plank Road Co. v. Watertown & Portland Plank Road Co.Wisconsin Supreme Court · 1856
  3. Board of County Commissioners of Arapahoe Co. v. GrahamSupreme Court of Colorado · 1878
  4. Bransom v. Board of County CommissionersColorado Court of Appeals · 1894

3Cited by5 opinions

  1. Anderson v. Grand Valley Irrigation DistrictSupreme Court of Colorado · 1906
  2. Merwin v. Board of County CommissionersSupreme Court of Colorado · 1901
  3. Argeros v. StateWyoming Supreme Court · 1923
  4. Board of County Commissioners v. CampSupreme Court of Colorado · 1910
  5. County Commissioners v. CampbellSupreme Court of Colorado · 1912

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