Russell v. Wheeler

In a school bond election contest action, the county court of Gilpin County entered a judgment of dismissal at the conclusion of the plaintiffs’ evidence on the grounds that the plaintiffs (contestors) had failed to sustain their burden of proof by establishing a prima facie case. The contestors assigned several grounds, itemized hereinafter, upon which they claim the trial court erred in granting the defendants’ (contestees) motion to dismiss the complaint. We call attention to our decision in Russell v. Wheeler, 159 Colo. 588, 413 P.2d 700 involving an original proceeding for clarification…