Arnold v. Hilts

Mr. Justice Gabbert,

specially concurring-; • •

Two' questions are presented by the record in this case: (i) Where two persons are claiming the right to the same public office, one in possession under priww facie legal right, can the other rightfully obtain possession by force? (2) If possession is obtained by force, can the one thus ousted be.reinstated by a proceeding in equity?

Arnold, at the regular election in November, 1910, was elected to the office of county assessor of the city and county of Denver for the term of two years, beginning in January, 1911. He duly qualified, entered into…