People v. Austin
Supreme Court of Colorado
Mandamus to the County Treasurer of Conejos County. Original agreed case. Prior to the adoption of section 2, page 241, Session Laws 1887, the valid floating indebtedness of Conejos county, repiesented by outstanding warrants duly registered according to law, had reached the constitutional limit. In October of that year the board of county commissioners attempted, at least partially, to act under the provisions of the statute mentioned.
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Mandamus to the County Treasurer of Conejos County. Original agreed case. Prior to the adoption of section 2, page 241, Session Laws 1887, the valid floating indebtedness of Conejos county, repiesented by outstanding warrants duly registered according to law, had reached the constitutional limit. In October of that year the board of county commissioners attempted, at least partially, to act under the provisions of the statute mentioned. They set apart or assigned by resolution eighty per cent, of the incoming revenue for the current fiscal year to a fund for the payment of current county…
1Opinion of the CourtHelm, J.
While the matters here involved are presented in the form of an agreed case, the proceeding is in the nature of mandamus to compel respondent, the county treasurer, to pay a certain county warrant owned by relator. But a single question is submitted for adjudication. This question may be concisely stated as follows: Can a county in this state which has reached the constitutional limit of indebtedness assign its incoming revenue, by orders drawn thereon, to the payment of *137the necessary current expenses, so as to postpone, in favor of the new orders thus issued, the discharge of its prior valid…
2Cases cited2 opinions
- People ex rel. Seeley v. MaySupreme Court of Colorado · 1886
- People ex rel. Seeley v. HallSupreme Court of Colorado · 1885
3Cited by4 opinions
- State ex rel. Board of County Commissioners v. District CourtMontana Supreme Court · 1922
- E. H. Rollins & Sons v. Board of Com'rsCourt of Appeals for the Eighth Circuit · 1912
- First National Bank v. Village of BuhlSupreme Court of Minnesota · 1922
- Ostling v. PeopleSupreme Court of Colorado · 1914