Peterson v. McNichols

This is an action for recovery of license fees exacted under an invalid ordinance.

Plaintiff in error is the assignee of claimants for refund of license fees totaling $15,898.00. Defendants in error are the City and County of Denver, a municipal corporation, its auditor, and manager of revenue and ex-officio treasurer. This action was instituted under Rule 106 of our rules of civil procedure to compel the defendants to approve and pay these assigned claims. On trial to the court, the complaint was dismissed on grounds presently to be discussed. This judgment of dismissal is before us for…