Londoner v. People ex rel. Barton
Supreme Court of Colorado
Error to District Court of Arapahoe County. At a municipal election held in April, 1889, relator Barton and respondent Londoner were opposing candidates for the office of mayor of the city of Denver. The returns showed an apparent majority for respondent, who was duly declared elected, received his certificate of election, took the requisite oath, and entered upon his official duties.
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Error to District Court of Arapahoe County. At a municipal election held in April, 1889, relator Barton and respondent Londoner were opposing candidates for the office of mayor of the city of Denver. The returns showed an apparent majority for respondent, who was duly declared elected, received his certificate of election, took the requisite oath, and entered upon his official duties. Kelator at once instituted the present proceeding, and a demurrer to Ms complaint or petition was sustained. But on a former review by the supreme court it was held that while an election contest proper was,…
1Opinion of the Court
Chibe Justice Helm
delivered the opinion of the court.
The extraordinary conclusions of fact embodied in the findings of the trial court were predicated upon a solemn, fair and extended judicial investigation, and are • in substantial accord with the answers of the jury to questions propounded. We are bound to regard them as amply sustained by the proofs — First, because only a small portion of the evidence is before us, and inquiry on our part into its sufficiency is therefore precluded; and second, because this sufficiency is admitted, the record reciting that “ respondent makes no point, and…
2Cases cited6 opinions
- People ex rel. Barton v. LondonerSupreme Court of Colorado · 1889
- United States Ex Rel. Crawford v. AddisonSupreme Court of the United States · 1868
- Kerschbaugher v. SlusserIndiana Supreme Court · 1859
- Nippel v. Hammond & HammondSupreme Court of Colorado · 1878
- Hoot v. SpadeIndiana Supreme Court · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Garhart Ex Rel. Tinsman v. Columbia/HealthOne, L.L.C.Supreme Court of Colorado · 2004
- People ex rel. Attorney General v. ToolSupreme Court of Colorado · 1905
- City of Denver v. HyattSupreme Court of Colorado · 1900
- Attorney General ex rel. Seavitt v. McQuadeMichigan Supreme Court · 1892
- Jaycox v. VarnumIdaho Supreme Court · 1924
12 more not listed; retrieve them via the Exa API.