2021 Colorado Code
Title 31 - Government - Municipal
Article 15 - Exercise of Municipal Powers
Part 1 - Vesting of Corporate Powers
§ 31-15-102. Review Without Bond

Universal Citation: CO Code § 31-15-102 (2021)

In all actions, suits, and proceedings in any court in this state in which a municipality of this state is a party, such municipality may take an appeal, as provided by law and the Colorado appellate rules, without giving bond.

History. Source: L. 75: Entire title R&RE, p. 1105, § 1, effective July 1.


Editor's note:

This section is similar to former § 31-19-101 as it existed prior to 1975.

ANNOTATION

Annotator's note. Since § 31-15-102 is similar to former § 31-19-101 prior to the 1975 repeal and reenactment of this title, and laws antecedent thereto, relevant cases construing a prior provision have been included in the annotations to this section.

This section grants municipalities the right of appeal and permits the appeal to be taken without the giving of bond, and in cases reviewable by the supreme court only on error, it grants the municipalities of the state the right to a supersedeas, whenever a supersedeas is allowed, without the giving bond. Town of Del Norte v. Weiss, 38 Colo. 269 , 88 P. 581 (1906).

And this section is broad enough to include every cause in which a municipality is a party, in any court of the state. Town of Del Norte v. Weiss, 38 Colo. 269 , 88 P. 581 (1906).

Thus, this section permitted an appeal from a police court by the city and without filing a bond. Hummel v. City of Ouray, 38 Colo. 322 , 88 P. 582 (1906).

Appealing party has reasonable time to file necessary papers, since this section does not fix the time within which the transcript and papers must be filed in the county court on appeal. Hummel v. City of Ouray, 38 Colo. 322 , 88 P. 582 (1906).


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