County Court Garfield County v. Schwarz
Supreme Court of Colorado
Appeal from District Court of Garfield County. At an election held in April of the present year, Lewis Schwarz, the appellee, and Charles W. Durand were opposing candidates for the office of mayor for the town-of Glenwood Springs. Upon the face of the returns Schwarz had an apparent majority of four votes. The certificate of election issued to him. He assumed the office and is now discharging its duties.
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Appeal from District Court of Garfield County. At an election held in April of the present year, Lewis Schwarz, the appellee, and Charles W. Durand were opposing candidates for the office of mayor for the town-of Glenwood Springs. Upon the face of the returns Schwarz had an apparent majority of four votes. The certificate of election issued to him. He assumed the office and is now discharging its duties. Durand served the requisite notice and proceeded in the county court under section 22, page 199, Session Laws of 1885, to contest the election of Schwarz, on the grounds of malconduct on the…
1Opinion of the CourtChief Justice Helm
- The adjudication of this appeal rests upon the construction of the following statute: “ Contested election of tówn and precinct officers shall be tried before the county court, as hereinbefore provided for the trial of contest of county officers, so far as the same is practicable; but the judgment rendered in such cause shall be final, and no appeal to the supreme court therefrom shall lie.” Sec. 22, p. 199, Sess. Laws 1885.
Does the word ‘(town ” used in this statute refer to a *293municipal corporation, an “incorporated town,” or does it apply exclusively to certain territorial subdivisions,…
2Cited by10 opinions
- Mayor of Valverde v. ShattuckSupreme Court of Colorado · 1893
- Schwarz v. County CourtSupreme Court of Colorado · 1890
- People v. WilliamsSupreme Court of Colorado · 1970
- Booth v. County CourtSupreme Court of Colorado · 1893
- Walker v. People Ex Rel. UchidaSupreme Court of Colorado · 1930
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