In all suits or proceedings by or against a county, the name in which the county shall sue or be sued shall be, "The board of county commissioners of the county of ................"; but this provision shall not prevent county officers, when authorized by law, from suing in their name of office for the benefit of the county.
Source: G.L. § 432. G.S. § 525. R.S. 08: § 1181. C.L. § 8662. CSA: C. 45, § 5. CRS 53: § 36-1-5. C.R.S. 1963: § 36-1-5.
ANNOTATION
This provision is the exclusive method by which jurisdiction over a county can be obtained, and an action attempted to be brought under any other designation is a nullity, and no valid judgment can enter in such a case. Bd. of Comm'rs v. Churning, 4 Colo. App. 321, 35 P. 918 (1894); John Deere Plow Co. v. County of Phillips, 97 Colo. 196, 48 P.2d 793 (1935); Calahan v. County of Jefferson, 163 Colo. 212, 429 P.2d 301 (1967).
The defect if not raised will be considered waived. Great W. Mining Co. v. Woodmas, 12 Colo. 46, 20 P. 771, 13 Am. St. R. 204 (1888); Fitzgerald v. Burke, 14 Colo. 559, 23 P. 993 (1890); Poundstone v. Holt, 5 Colo. App. 66, 37 P. 35 (1894); Miller v. Kinsel, 20 Colo. App. 346, 78 P. 1075 (1904); Del Monte Live Stock Co. v. Ryan, 24 Colo. App. 340, 133 P. 1048 (1913).
And where three persons were named as defendants, with the addition "the board of county commissioners" of a county named, and throughout the proceedings in the court below all parties treated the board of county commissioners as the defendant, it was held that the county commissioners were bound by the proceeding, and by any order or decree that might be properly made in the court of review. Del Monte Live Stock Co. v. Ryan, 24 Colo. App. 340, 133 P. 1048 (1913).
Where suit was directed at the county board of adjustment, not at the county, county board of adjustment was properly designated as the party defendant. Benes v. Jefferson County Bd. of Adjustment, 36 Colo. App. 131, 537 P.2d 753 (1975).
In a suit on the official bond of a county treasurer, the action should be brought by "the people of the state of Colorado", since there is no valid objection to the title of an action brought by the people of the state of Colorado for the use of the county. Bell v. People ex rel. Garfield County, 92 Colo. 585, 22 P.2d 857 (1933).
Where an appeal is taken by the board of county commissioners in an action against them, the appeal bond must be executed in the name of the board, and not by the members individually. Bd. of County Comm'rs v. King, 9 Colo. 542, 13 P. 539 (1887).
A writ of error sued out by a county in its proper name to reverse a judgment against it by another name was dismissed. Bd. of County Comm'rs v. Churning, 4 Colo. App. 321, 35 P. 918 (1894).
County is a "person" for the purposes of a civil rights action for damages under 42 U.S.C. § 1983. Wigger v. McKee, 809 P.2d 999 (Colo. App. 1990).