Legal Opinion

Henry v. Board of County Commissioners

Supreme Court of Colorado

Decided September 15, 1907No. 5454; No. 3124 C. APublishedCited by 3 opinions

Appeal from the District Court of San Miguel County. Hon. Theron Stevens, Judge. Action by Edward Henry against the board of county commissioners of - the county of San Miguel. From a judgment for defendant, plaintiff appeals.

1Opinion of the CourtJustice Bailey

Appellant, plaintiff below, filed his complaint against defendant in which he charged that the defendant “with a strong hand, unlawfully, forcibly and without any authority of law, entered upon plaintiff’s land with horses, mules, men and machinery while plaintiff was absent from the United States” and constructed a road, whereby-plaintiff’s property was injured and damaged. A demurrer was filed to this complaint and sustained. Plaintiff appeals.

Section 801 of Mills’ Ann. Stats, provides, inter alia, that: “All claims and demands held by any *268person against a county shall he presented for…

2Cases cited3 opinions

  1. Douglas County v. TaylorNebraska Supreme Court · 1897
  2. Board of County Commissioners v. PhyeSupreme Court of Colorado · 1899
  3. Gregg v. Board of County CommissionersSupreme Court of Colorado · 1904

3Cited by3 opinions

  1. Calahan v. County of JeffersonSupreme Court of Colorado · 1967
  2. Mitchell v. Board of County CommissionersSupreme Court of Colorado · 1944
  3. Shippen v. United StatesUnited States Court of Claims · 1981

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