Schwanbeck v. People ex rel. Smith
Supreme Court of Colorado
Error tó Dist/rict Cou/rt of Arwpahoe County. This is a petition filed in the name of the people by the relator, Smith, against Louis B. Schwanbeck, the auditor of the state, whereby the petitioner seeks to compel the auditor to issue to him a warrant upon the public treasury for a certain amount of money.
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Error tó Dist/rict Cou/rt of Arwpahoe County. This is a petition filed in the name of the people by the relator, Smith, against Louis B. Schwanbeck, the auditor of the state, whereby the petitioner seeks to compel the auditor to issue to him a warrant upon the public treasury for a certain amount of money. In general the petition alleges that on April 19,1889, the legislature passed an act providing for the construction of a wagon road through Bear River canon, between Steamboat Springs and Hayden, in Routt county. The act appropriated the money necessary for the building of the road, and the…
1Opinion of the Court
Bissell, C.
That an action will he against a public officer for a failure to discharge a statutory duty, or for a neglect or a refusal to exercise a proper authority, cannot be doubted. To sustain the suit the plaintiff must present a petition which sets up a full and technical compliance with all the requirements of the enactment from which his rights are derived, and it must be maintained by full proof. He must show that he has been damaged by the disregard of the obligation, and that he has strictly and in apt time performed whatever conditions precedent are prescribed by the statute.
The…
Also in this document: Per curiam.
2Cases cited2 opinions
- Crocker v. CraneNew York Supreme Court · 1839
- Ex parte RogersNew York Supreme Court · 1827
3Cited by10 opinions
- Webster v. Texas & Pacific Motor Transport Co.Texas Supreme Court · 1942
- T.S.C. Motor Freight Lines, Inc. v. United StatesDistrict Court, S.D. Texas · 1960
- State Ex Rel. Hjelle v. BakkeNorth Dakota Supreme Court · 1962
- State ex rel. Kopriva v. LarsonNorth Dakota Supreme Court · 1922
- State Board of Corrections v. City & County of DenverSupreme Court of Colorado · 1916
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