PEOPLE v. QUIMBY

No. 20681.

381 P.2d 275 (1963)

The PEOPLE of the State of Colorado, Plaintiff, v. Robert L. QUIMBY and Adolph Diemoz, Defendants.

Supreme Court of Colorado. En Banc.

May 6, 1963.


Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Thomas A. Nelson, Jr., Asst. Atty. Gen., Denver, for plaintiff.

Robert Delaney, Charles F. Stewart, Glenwood Springs, for defendant Robert L. Quimby.

Petre & Zimmerman, Glenwood Springs, for defendant Adolph Diemoz.


DAY, Justice.

This is an original proceeding brought pursuant to Rule 116, R.C.P.Colo., involving a question of great public importance, to-wit: Which of the two defendants is lawfully entitled to hold the office of county commissioner in District No. 1, in Garfield County, Colorado. The facts are stipulated.

The late Freeman S. James entered upon the office of county commissioner on January 13, 1959, the term of...

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