Legal Opinion

Upton v. Catlin

Supreme Court of Colorado

Decided September 15, 1892PublishedCited by 3 opinions

Error to County Court of Montrose County. This action was instituted by the defendant in error, F. D. Catlin, to compel plaintiff in error as county clerk and recorder of Montrose county, to permit the defendant in error and one employee or two. employees to have access to the records and filings of the office of said county clerk and recorder.

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Error to County Court of Montrose County. This action was instituted by the defendant in error, F. D. Catlin, to compel plaintiff in error as county clerk and recorder of Montrose county, to permit the defendant in error and one employee or two. employees to have access to the records and filings of the office of said county clerk and recorder. Defendant seeks to obtain access to the said office during all the business hours of each day, for the purpose of making memoranda, copies and abstracts of said records and filings. The application was resisted by plaintiff in error upon several…

1Opinion of the CourtChief Justice Hayt

The statute under which defendant in error claims the right to inspect and make memoranda of the contents of the official books, etc., in the office of the county clerk and recorder of Montrose county was recently before this court for consideration, in the case of Stocknan, Recorder, v. Brooks et al., ante, p. 248. In that case the statute was held valid as against certain constitutional objections, which were then urged, and it was also held that if a clerk, upon demand, failed to comply with its terms, mandamus was a proper remedy to invoke to compel him to do so.

It was also decided in…

2Cases cited2 opinions

  1. Buck & Spencer v. CollinsSupreme Court of Georgia · 1874
  2. Webber v. TownleyMichigan Supreme Court · 1880

3Cited by3 opinions

  1. Pressman v. ElginCourt of Appeals of Maryland · 1947
  2. Treat v. McDonoughSupreme Court of Colorado · 1961
  3. Treat v. McDonoughSupreme Court of Colorado · 1961

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