Colorado § 30-25-112 - Appeal on disallowance of claim.

§ 30-25-112. Appeal on disallowance of claim.

When any claim of any person against a county is disallowed, in whole or in part, by the board of county commissioners, such person may appeal from the decision of such board to the district court for the same county by causing a written notice of such appeal to be served on the clerk of such board within thirty days after the making of such decision and executing a bond to such county, with sufficient security, to be approved by the clerk of said board, conditioned for the faithful prosecution of such appeal and the payment of all costs that are adjudged against the appellant.

Source: G.L. § 464. G.S. § 547. R.S. 08: § 1225. C.L. § 8702. CSA: C. 45, § 49. CRS 53: § 36-2-12. C.R.S. 1963: § 36-2-12.

ANNOTATION

Appeal only from final board action. This section gives a right of appeal to the district court from the action of the board of commissioners disallowing a claim but only when its action is final, and without the right of further consideration reserved, and the defeat of a motion to allow a bill, followed by its reference to the county attorney for investigation and report, is not such final action as this section contemplates in the provision granting the right of appeal. Bd. of County Comm'rs v. McCormick, 1 Colo. App. 319, 29 P. 25 (1892); Bd. of County Comm'rs v. Madan, 90 Colo. 10, 5 P.2d 866 (1931).

Board retains right of subsequent action on claim even absent reconsideration vote. Where a motion for the allowance of a claim against the county is rejected, it is not necessary that the board of commissioners formerly reconsider the vote in order to retain the right of subsequent action on the claim, being a governing body as well as a deliberative one, so long as its acts are within the scope of its powers, and the intentions of its members can be fairly and plainly ascertained from their proceedings, they will be enforced. Bd. of County Comm'rs v. McCormick, 1 Colo. App. 319, 29 P. 25 (1892).

There is no provision for an appeal from the district court, and the court determined that neither appeal nor writ of error would lie from the judgment of the district court. Pilgrim Consol. Mining Co. v. Bd. of Comm'rs, 20 Colo. App. 311, 78 617 (1904); Bd. of Comm'rs v. Pinnacle Gold Mining Co., 36 Colo. 492, 85 P. 1005 (1906).

This section and section 30-25-113 are confined to appeals from orders disallowing claims against a county. Golden Canal Co. v. Bright, 8 Colo. 144, 6 P. 142 (1884).

Hence under this section there was no appeal from the decision of the county commissioners fixing the rate to be charged for water by ditch owners. Golden Canal Co. v. Bright, 8 Colo. 144, 6 P. 142 (1884).

One whose claim against a county has been presented to and disallowed by the board of county commissioners has the right to elect to appeal from the decision of the board, or bring an independent action. Bd. of Comm'rs v. Brown, 2 Colo. App. 473, 31 P. 525 (1892); Bd. of Comm'rs v. Locke, 2 Colo. App. 508, 31 P. 351 (1892).

Waiver of objection to overruling of motion to dismiss appeal. Where an appeal was taken to the district court from the board of county commissioners in a matter that might have been brought directly in the district court, and a motion was made to dismiss the appeal on the ground that the appeal bond was not filed within the time prescribed and that no notice had been served upon the clerk, the objection to the overruling of the motion was waived by the county attorney afterwards appearing and participating in the trial. Smith v. District Court, 4 Colo. 235 (1878); Todd v. De La Mott, 9 Colo. 222, 11 P. 90 (1886); Mackey v. Briggs, 16 Colo. 143, 26 P. 131 (1891); Coe v. Britton, 5 Colo. App. 85, 37 P. 37 (1894); Bd. of Comm'rs v. Stone, 11 Colo. App. 476, 53 P. 616 (1898).