City of Pueblo v. Dye
Supreme Court of Colorado
'Appeal from the County Court of Pueblo County. Hon. L. B. Gibson, Judge. Action by Joe Dye against tbe city of Pneblo and its board of park commissioners. Prom a judgment in tbe county court, on appeal from tbe justice of tbe peace court, against tbe city and dismissing tbe action as to tbe park board, tbe city appeals.
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'Appeal from the County Court of Pueblo County. Hon. L. B. Gibson, Judge. Action by Joe Dye against tbe city of Pneblo and its board of park commissioners. Prom a judgment in tbe county court, on appeal from tbe justice of tbe peace court, against tbe city and dismissing tbe action as to tbe park board, tbe city appeals. This is an action against tbe board of park commissioners of district No. 1 of tbe city of Pneblo and tbe city itself, -by Joe Dye, assignee of Johnston & Kingsley of part of an entire elaini which that firm asserted against tbe park board for repairs and improvements which…
1Opinion of the CourtJustice Campbell
1. The first objection to the judgment of the county court, the same being rendered upon an appeal from a justice of the peace, is that jurisdiction of the subject-matter was lacking, because an action does not lie in the court of a justice of the peace in this state against a municipal corporation. The particular and main objection is that as a judgment against a municipal corporation cannot be enforced by execution, but only by an action in mandamus, and as the justice had not jurisdiction to issue a writ of mandamus, his jurisdiction to enter a judgment which he cannot enforce by execution…
2Cases cited13 opinions
- Riggs v. Johnson CountySupreme Court of the United States · 1868
- Swift v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1881
- Edwards v. SmithSupreme Court of Colorado · 1891
- Dannat v. Mayor of New YorkNew York Court of Appeals · 1876
- Denver, South Park & Pacific Railroad v. RobertsSupreme Court of Colorado · 1882
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3Cited by2 opinions
- Bedard v. MartinColorado Court of Appeals · 2004
- County of Saguache v. ToughSupreme Court of Colorado · 1909