Gately v. El Paso County Bar Association

The parties appear here in the same order as they appeared in the trial court. We refer to plaintiff in error as plaintiff or Gately, and to defendant in error as defendant or the Association.

Gately, a practicing attorney at Colorado Springs, brought this action, seeking to obtain a declaratory judgment defining his rights to the use of a law library in the possession and control of the defendant, said defendant having either complete or limited ownership thereof. The facts are not in dispute.

On July 30, 1954, Henry McAllister died leaving a will which, among other things, provided:

“ARTICLE…