Ames v. People ex rel. Temple
Supreme Court of Colorado
Error to the District Court of Arapahoe County. Ik 1891 the general assembly passed an act to provide for the better assessment and collection of revenue.
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Error to the District Court of Arapahoe County. Ik 1891 the general assembly passed an act to provide for the better assessment and collection of revenue. See Session Laws, 1891, p. 290. Section 1 of the act makes it the duty of the state board of equalization to assess all the property in this state owned, used or controlled by railway companies, telegraph, telephone, and sleeping or other palace car companies, with a proviso that real estate owned by any railway company, and not used for the convenient and proper operation of its railways, and improvements thereon, shall not be included in…
1Opinion of the CourtChief Justice Campbell
It is doubtful if respondent would have the right to urge the constitutional objections set up in his return to the granting of the peremptory writ, except the first one enumerated therein, had the relator properly and seasonably challenged his 'right to do so. It is a general rule that, in summary proceedings in mandamus, courts refuse to determine as to the constitutionality of statutes affecting the rights of third parties ; and grave questions of this character may not be raised by ministerial officers whose duty it is to carry out statutory directions. High on Extr. Bemedies, § 143;…
2Cases cited30 opinions
- Taylor v. SecorSupreme Court of the United States · 1876
- City of Dubuque v. Illinois Central RailroadSupreme Court of Iowa · 1874
- Hannibal & St. Joseph Railroad v. State Board of EqualizationSupreme Court of Missouri · 1876
- Houghton v. AustinCalifornia Supreme Court · 1874
- People ex rel. Crawford v. LothropSupreme Court of Colorado · 1877
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3Cited by53 opinions
- Threadgill v. Cross, Secretary of StateSupreme Court of Oklahoma · 1910
- Lockyer v. City and County of San FranciscoCalifornia Supreme Court · 2004
- Chicago & Northwestern Railway Co. v. StateWisconsin Supreme Court · 1906
- Denver Urban Renewal Authority v. ByrneSupreme Court of Colorado · 1980
- Lamm v. BarberSupreme Court of Colorado · 1977
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