Legal Opinion

Merwin v. Board of County Commissioners

Supreme Court of Colorado

Decided September 15, 1901No. 4098PublishedCited by 11 opinions

Error to the District Court of Boulder County. Action by plaintiff Merwin, deputy district attorney of Boulder county, against the board of county commissioners of that county to recover compensation for services performed by him in his official capacity in trying criminal causes and conducting preliminary examinations before justices of the peace. The defendant denies liability and relies upon the last clause of section 8 of an act entitled “An Act concerning Fees”, etc.

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Error to the District Court of Boulder County. Action by plaintiff Merwin, deputy district attorney of Boulder county, against the board of county commissioners of that county to recover compensation for services performed by him in his official capacity in trying criminal causes and conducting preliminary examinations before justices of the peace. The defendant denies liability and relies upon the last clause of section 8 of an act entitled “An Act concerning Fees”, etc. (Session Laws 1891, pp. 213, 214), and subdivision 6 of section 1 of an act concerning fees of district attorneys (Session…

1Opinion of the CourtChief Justice Campbell

On the threshold plaintiff in error is confronted by former decisions of this court and our court of appeals wherein a construction of the same, or a similar, statute has been given adverse to his contention. Board of County Comrs. v. Graham, 4 Colo. 201; Sargent v. The Board, 21 Colo. 158; Pitkin County v. Sanders, 59 Pac. Rep. 402; 27 Colo. 122; Otero County v. Wood, 11 Colo. App. 19. To invoke the jurisdiction of this court to review the judgment before us he seeks to raise some constitutional questions which appear not to have been suggested when the foregoing cases were considered. It is…

2Cases cited12 opinions

  1. Georgia Railroad & Banking Co. v. SmithSupreme Court of the United States · 1888
  2. Bynum v. Board of CommissionersIndiana Supreme Court · 1885
  3. Carroll v. StateSupreme Court of Alabama · 1877
  4. Board of Commissioners v. HarmanIndiana Supreme Court · 1885
  5. Dillon v. Whatcom CountyWashington Supreme Court · 1895

7 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State ex rel. Ward v. RomeroNew Mexico Supreme Court · 1912
  2. Sheely v. PeopleSupreme Court of Colorado · 1912
  3. State ex rel. Delgado v. RomeroNew Mexico Supreme Court · 1912
  4. People v. Losavio, Jr.Supreme Court of Colorado · 1980
  5. Post Printing & Publishing Co. v. ShafrothSupreme Court of Colorado · 1912

6 more not listed; retrieve them via the Exa API.

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