From Casetext: Smarter Legal Research

Warren v. People

Supreme Court of Colorado. In Department
Aug 29, 1960
354 P.2d 1021 (Colo. 1960)

Opinion

No. 19,176.

Decided August 29, 1960.

Action in nature of quo warranto challenging right of respondent to office of county commissioner. Judgment for relator.

Remanded With Directions.

1. APPEAL AND ERROR — Moot Question — Remand. In a quo warranto proceeding challenging the right of respondent to hold office of county commissioner where it appears that subsequent to the final judgment below the respondent has resigned as such commissioner, the only issue before the Supreme Court having become moot, the cause will be remanded with directions to dismiss the action.

Error to the District Court of Weld County, Hon. Robert H. McWilliams, Judge.

Messrs. CARLSON CARLSON, for plaintiff in error.

Mr. KARL R. AHLBORN, Mr. JOHN W. O'HAGAN, for defendant in error.


DONALD L. STEWART caused this action to be filed in the district court of Weld county. His complaint, in the nature of quo warranto, sought an adjudication of the right of Robert G. Warren to hold the office of county commissioner for District No. 1 in Weld county. Other relief sought was beyond the power of the court to grant for the reason that the rights and liabilities of persons not made parties to the action were involved.

During the oral argument in this court it was agreed that, subsequent to the time the final judgment was entered in the trial court, Robert G. Warren resigned as commissioner from said district. The only issue properly before this court for determination has accordingly become moot. The case is remanded to the trial court with directions to vacate the judgment heretofore entered and to dismiss the action.

In view of the suggestion of counsel that the right of Weld county to recover salary paid to Warren for a period of time prior to his resignation and the right of the latter to recover other emoluments of office from the county may be the subject of further litigation, we expressly direct that the disposition of this cause in the trial court, and by this court, shall in no particular prejudice the claimed rights of any party to any such litigation.

MR. JUSTICE HALL and MR. JUSTICE DOYLE concur.


Summaries of

Warren v. People

Supreme Court of Colorado. In Department
Aug 29, 1960
354 P.2d 1021 (Colo. 1960)
Case details for

Warren v. People

Case Details

Full title:ROBERT G. WARREN v. PEOPLE EX REL. DONALD L. STEWART

Court:Supreme Court of Colorado. In Department

Date published: Aug 29, 1960

Citations

354 P.2d 1021 (Colo. 1960)
354 P.2d 1021

Citing Cases

Van Schaack v. Fulenwider

When a case becomes moot on appeal, the usual practice is to dismiss the appeal and vacate the lower court's…