Board of Commissioners v. Cressy

Supreme Court of Colorado

Board of Commissioners v. Cressy

87 P.2d 494, 103 Colo. 549, 1939 Colo. LEXIS 349

CourtSupreme Court of Colorado

DecidedFebruary 14, 1939

DocketNo. 14,332.

StatusPublished

This text of 87 P.2d 494 (Board of Commissioners v. Cressy) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Board of Commissioners v. Cressy, 87 P.2d 494, 103 Colo. 549, 1939 Colo. LEXIS 349 (Colo. 1939).

Pincite

Opinion

Mr. Justice Francis E. Bouck

delivered the opinion of the court.

The judgment before us for review is one recovered by Cressy against the board of county commissioners of Pueblo county.

Cressy is and for many years has been the Water Commissioner of District No. 17 in Irrigation Division No. 2. He sued for his official compensation. The only controversy, as determined by the assignments of error, is one of fact and involves the sole question whether the district, as established by ’35 C. S. A., c. 90', § 266, includes any part of Pueblo county or not. If it does, that county *550 is liable for the amount of the claim, which was duly approved both by the Civil Service Commission and by the state engineer.

The evidence was conflicting. The trial court concluded therefrom that a portion of Pueblo county lies within the district, and found in favor of Cressy. We are bound by the fact finding of the district court.

Judgment affirmed.

Mr. Chief Justice Hilliard and Mr. Justice Book concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. Justice Francis E. Bouck

delivered the opinion of the court.

The judgment before us for review is one recovered by Cressy against the board of county commissioners of Pueblo county.

Cressy is and for many years has been the Water Commissioner of District No. 17 in Irrigation Division No. 2. He sued for his official compensation. The only controversy, as determined by the assignments of error, is one of fact and involves the sole question whether the district, as established by ’35 C. S. A., c. 90', § 266, includes any part of Pueblo county or not. If it does, that county *550 is liable for the amount of the claim, which was duly approved both by the Civil Service Commission and by the state engineer.

The evidence was conflicting. The trial court concluded therefrom that a portion of Pueblo county lies within the district, and found in favor of Cressy. We are bound by the fact finding of the district court.

Judgment affirmed.

Mr. Chief Justice Hilliard and Mr. Justice Book concur.

Cite This Page — Counsel Stack

Bluebook (online)

87 P.2d 494, 103 Colo. 549, 1939 Colo. LEXIS 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-commissioners-v-cressy-colo-1939.