Washington County v. Weld County
Supreme Court of Colorado
Error to District Court of Weld County. In the spring of 1881 the sixth general assembly passed two acts creating the counties of Washington and Logan, respectively, by carving territory therefor out of the county of Weld.
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Error to District Court of Weld County. In the spring of 1881 the sixth general assembly passed two acts creating the counties of Washington and Logan, respectively, by carving territory therefor out of the county of Weld. Each of these acts contained a provision to the effect that “the present indebtedness” of Weld county should be apportioned between the new counties “in proportion to the ratio which the taxable property of that portion of Weld county” included in' each “ bears to the taxable property of Weld county as shown by the assessment rolls for the year 1886.” It appears that at the…
1Opinion of the CourtChief Justice Helm
In the absence of a restrictive constitutional or statutory provision on the subject, when a new county is created by segregating a portion of the territory belonging to an existing county, the old county retains all assets previously owned by it, including rights of action, funds and other personal property; also all real estate held in proprietary right, save such, if any, as may be within the territory taken away; it likewise remains bound by its existing contracts, and is subjected to the burden of discharging all existing obligations and liabilities. The new county receives none of the…
2Cases cited3 opinions
- Mount Pleasant v. BeckwithSupreme Court of the United States · 1880
- Commissioners of Laramie County v. COMMISSIONERS OF ALBANY COUNTYSupreme Court of the United States · 1876
- People of the State of N.Y. v. . IngersollNew York Court of Appeals · 1874
3Cited by4 opinions
- Douglas County v. Grant CountyWashington Supreme Court · 1913
- Board Co. Com'rs Cheyenne Co. v. Board Co. Com'rs Bent Co.Supreme Court of Colorado · 1890
- Anderson v. ClardyNew Mexico Supreme Court · 1931
- Cooke v. SchooL District No. 12Supreme Court of Colorado · 1889