Legal Opinion

Phillips v. City of Denver

Supreme Court of Colorado

Decided September 15, 1893PublishedCited by 21 opinions

JError to the County Court of Arapahoe County. Action for violation of city ordinance. On the trial judgment was rendered as follows: “That said defendant be fined in the sum of ten dollars and costs, and in default of the payment of the same that the said defendant be imprisoned in the city jail of the city of Denver, until said fine is fully satisfied, not to exceed five days.” Defendant brings the cause to this court by writ of error.

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JError to the County Court of Arapahoe County. Action for violation of city ordinance. On the trial judgment was rendered as follows: “That said defendant be fined in the sum of ten dollars and costs, and in default of the payment of the same that the said defendant be imprisoned in the city jail of the city of Denver, until said fine is fully satisfied, not to exceed five days.” Defendant brings the cause to this court by writ of error. This action was tried in the county court upon an agreed statement of facts as follows: “ That this action was originally brought before S. D. Barnes, Esq.,…

1Opinion of the CourtJustice Elliott

The assignments of error challenge the validity of the ordinance under which defendant was convicted.

Among other things, the ordinance provides that no livery stable, or stable for the boarding of horses, shall be erected, established or carried on in any block in this city (unless the same shall be in operation at the date of the passage of the ordinance) without a permit from the city council; and'that no permit shall be issued for any livery stable in any block in which a school building is situated, or in any block opposite to a block in which a school building is situated.

It is conceded…

2Cases cited5 opinions

  1. City of Denver v. MullenSupreme Court of Colorado · 1884
  2. State v. MottCourt of Appeals of Maryland · 1884
  3. City of Durango v. ReinsbergSupreme Court of Colorado · 1891
  4. Everett v. City of Council BluffsSupreme Court of Iowa · 1877
  5. May v. PeopleColorado Court of Appeals · 1891

3Cited by21 opinions

  1. Colby v. Board of AdjustmentSupreme Court of Colorado · 1927
  2. Willison v. CookeSupreme Court of Colorado · 1913
  3. Harold Patrick Martin v. George J. King, Marshal of the Town of Buena VistaCourt of Appeals for the Tenth Circuit · 1969
  4. Curran Bill Posting & Distributing v. City of DenverSupreme Court of Colorado · 1910
  5. Swan v. City of IndianolaSupreme Court of Iowa · 1909

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