Kindel v. Le Bert
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. A.t the general election in November, 1895, Richard Le Bert and George J. Kindel were opposing candidates for the office of county clerk of Arapahoe county.
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Appeal from the District Court of Arapahoe County. A.t the general election in November, 1895, Richard Le Bert and George J. Kindel were opposing candidates for the office of county clerk of Arapahoe county. Upon the face of the returns, Le Bert was declared elected by the canvassing board, and Kindel instituted this proceeding in the county court of Arapahoe county under our contested elections act (Session Laws 1885, p. 193) against Le Bert, as contestee, to set aside the election as declared, and to obtain a judgment declaring contestor elected to the office. The original voluminous…
1Opinion of the CourtJustice Campbell
Although the contestee does not concede the power of the county court to transfer this proceeding to the district court, or the jurisdiction of the district court to hear and determine this contest, he has not assigned for error the act of the former in certifying the cause to the latter, or the assumption by the latter of such jurisdiction. While jurisdiction of the subject-matter cannot be conferred by waiver or consent of the parties, yet, as counsel have not discussed either of these points, we do not feel called upon, in the absence of full argument, to determine questions of such…
2Cases cited27 opinions
- Mills v. GreenSupreme Court of the United States · 1895
- People ex rel. Cummings v. HeadIllinois Supreme Court · 1861
- Dale v. IrwinIllinois Supreme Court · 1875
- People ex rel. Fuller v. HilliardIllinois Supreme Court · 1862
- People ex rel. Brewster v. KilduffIllinois Supreme Court · 1854
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3Cited by17 opinions
- Abts v. Board of Education of School District Re-1 Valley in Logan CountySupreme Court of Colorado · 1981
- Harmon v. TylerTennessee Supreme Court · 1903
- Quigley v. PhelpsWashington Supreme Court · 1913
- Town of Sugar v. Board of CommissionersSupreme Court of Colorado · 1914
- Martinez v. MartinezSupreme Court of Colorado · 1914
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