 ... third, under color of a known election or appointment, void because the officer was not eligible, or because there was a want of power in the electing or appointing body, or by reason of some defect or irregularity in its exercise, such ineligibility,...  The New York Supplement - Page 641894Full view - About this book
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1913 - 1002 pages
...incumbent. But where this is held, the holding is said not to be inconsistent with the rule that one chosen under color of an election, or appointment by or pursuant...unconstitutional law before the same is adjudged to be so, is an officer de facto. While there can be no such thing as a de facto office, there may be a de... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1892 - 742 pages
...or appointing body, or by reason of some defect or irregularity in its exercise, such ineligibility, want of power, or defect being unknown to the public....a public unconstitutional law, before the same is adjndged to be such." In Ex parte Strong, 21 Ohio St. 610, the court say: "The true doctrine seems... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1907 - 798 pages
...326. But where this is held the holding is said not to be inconsistent with the rule that one chosen under color of an election, or appointment by or pursuant...unconstitutional law before the same is adjudged to be so, is an officer de facto. The distinction taken by the line of cases referred to may be stated thus... | |
 | 1888 - 564 pages
...or appointing body, or by reason of some defect or irregularity in its exercise, such iueligibility, want of power, or defect being unknown to the public;...unconstitutional law, before the same is adjudged to be such." It appears to us that the case at bar is one which comes within the category last named. There was... | |
 | 1874 - 450 pages
...or appointing body, or by reason of some defect or irregularity in its exercise, such ineligibility, want of power or defect being unknown to the public....unconstitutional law, before the same is adjudged to be such." We had intended to speak of how far an officer de facto is protected when assailed directly for his... | |
 | 1874 - 440 pages
...or appointing body, or by reason of some defect or irregularity in its exercise, such ineligibility, want of power or defect being unknown to the public....unconstitutional law, before the same is adjudged to be such." We had intended to speak of how far an officer de facto is protected when assailed directly for his... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1899 - 602 pages
...irregularity in its exercise, such ineligibility, want of power, or defect, being unknown to the public. 4. Under color of an election or appointment by or pursuant...unconstitutional law, before the same is adjudged to be such." According to the above definition, Blazer was clearly a de facto justice of the peace. By the undertaking... | |
 | William Wait - 1878 - 1026 pages
...irregularity in its exercise, such ineligibility, want of power or defect being unknown to the public. 4. Under color of an election or appointment by, or pursuant...unconstitutional law before the same is adjudged to be such. State \. Carroll, 38 Conn. 449 ; 0 Am. Rep. 409, per BUTLEK, CJ ; Petersilea v. Stone, 119 Mass. 465... | |
 | William Law Murfree - 1884 - 782 pages
...or appointing body, or by reason of some irregularity or defect in its exercise, such ineligibility, want of power, or defect, being unknown to the public....unconstitutional law, before the same is adjudged to be such." 1 Petersilea v. Stone, 119 Mass. 465; Brown v. Lunt, 37 Me. 423 ; State v. Carroll, 38 Conn. 449. See,... | |
 | 1894 - 1156 pages
...or appointing body, or by reason of some defect or irregularity in its exercise, such ineligibility, want of power, or defect being unknown to the public;...unconstitutional law, before the same is adjudged to be such." It is perceived that each of these four propositions assumes the existence of an office, the duties... | |
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