Colorado Reports : Cases Argued And Determined in the Supreme Court of Colorado
Colorado Reports : Cases Argued And Determined in the Supreme Court of Colorado
Colorado. Supreme Court
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In holding that the statement filed by contestor was 8u£Qcient. 3. In holding that contestor could maintain this action after his right to the office in controversy had been determined against him by lot. 4. In counting for contestor the ballots marked " fusion.'' Mr. Wm. C. Mathews, Mr. Edwabd Kent and Mr. Wif. A. DiEB, for appellant. Mr. J. W. Babnes and Mr. John T. Bottom, for appel- lee. Mb. Justice Gabbebt delivered the opinion of the court. 1. The bond for costs required by the statute in... proceed- ings of this character is for the benefit of the contestee. Whether it be given or not in the first instance, does not af- fect the jurisdiction of the court. If none be gpiven when the action is commenced, or if the one accepted be insufficient, it is incumbent upon the contestee, to object at the earliest op- portunity ; otherwise, he will waive his rights in this respect. In the case at bar he made no objection to the bond until after issues were joined, and the cause set for trial.
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