Hockaday v. Board of County Commissioners
Colorado Court of Appeals
Error to District Court of Chaffee County. The plaintiff Hockaday brought suit against the defendants to collect from the county the amounts due on several county warrants or orders, aggregating $1,318.29, and the interest on the same. Such warrants were issued in the years 1884,1885 and 1886, and were drawn payable out- of any moneys in the treasury belonging to the “ Road Fund.”
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Error to District Court of Chaffee County. The plaintiff Hockaday brought suit against the defendants to collect from the county the amounts due on several county warrants or orders, aggregating $1,318.29, and the interest on the same. Such warrants were issued in the years 1884,1885 and 1886, and were drawn payable out- of any moneys in the treasury belonging to the “ Road Fund.” The warrants were presented to the treasurer of the county for payment at various dates from April 28, 1884, to March 31, 1886; were not paid, but were indorsed by the treasurer, “not paid for want of funds,” and…
1Opinion of the CourtReed, J.
The defense that the county was indebted in excess of the constitutional limitation, and hence, that the warrants in question were void, cannot, in our judgment, *371prevail. The warrants on which suit was brought were drawn upon and payable out of a specific fund, viz.: that created for “ Road Purposes.” In section 5 of the “ Revenue Act,” Geni. Statutes, sec. 2816, it is provided, “ There shall be levied and assessed upon taxable real and personal property within this state in each year, the following taxes * * * for the support of schools, not less than two, nor more than five mills on the…
2Cases cited13 opinions
- People ex rel. McCauley & Tevis v. BrooksCalifornia Supreme Court · 1860
- People Ex Rel. McLean v. FlaggNew York Court of Appeals · 1871
- Alexander v. People ex rel. SchoolfieldSupreme Court of Colorado · 1883
- People v. OsborneSupreme Court of Colorado · 1884
- County of Richland v. County of LawrenceIllinois Supreme Court · 1850
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3Cited by5 opinions
- County Commissioners v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Colorado · 1912
- First National Bank of Northampton v. ArthurColorado Court of Appeals · 1897
- Boyer v. City of YakimaWashington Supreme Court · 1928
- First National Bank of Northampton v. ArthurColorado Court of Appeals · 1897
- Lopez v. Regional Transportation DistrictColorado Court of Appeals · 1994