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" An officer de facto is one whose acts, though not those of a lawful officer, the law, upon principles of policy and justice, will hold valid, so far as they involve the interests of the public and third persons, where the duties of the office are exercised... "
The New York Supplement - Page 64
1894
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Reports of Cases Decided in the Supreme Court of the State of ..., Volume 44

North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - 1922 - 712 pages
...260. Upon the principles of policy and justice, the law will hold valid the acts of officers de facto, so far as they involve the interests of the public and third persons dealing with the corporation in good faith. State v. Carroll, 38 Conn. 449, 9 Am. Rep. 409 ; Richards...
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Reports of Cases Determined in the Courts of Appeal of the State ..., Volume 11

1910 - 832 pages
...sufficiently accurate and comprehensive to cover the whole ground must, I think, be substantially as follows: An officer de facto is one whose acts, though not...persons where the duties of the office were exercised: ... 3. Under color of a known election or appointment, void because the officer was not eligible, ....
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Reports of Cases Determined in the District Courts of Appeal of ..., Volume 11

1910 - 968 pages
...sufficiently accurate and comprehensive to cover the whole ground must, I think, be substantially as follows: An officer de facto is one whose acts, though not...persons where the duties of the office were exercised: ... 3. Under color of a known election or appointment, void because the officer was not eligible, ....
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Reports of Cases Determined in the Courts of Appeal of the State ..., Volume 19

1913 - 980 pages
...FACTO" — ACTS INVOLVING PUBLIC OR PRIVATE RIGHTS — COLOR OF APPOINTMENT, OR PUBLIC ACQUIESCENCE. An officer de facto is -one whose acts, though not those of a lawful officer, are such as the law, upon principles of policy and justice, will hold valid so far as involving the...
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Reports of Cases Determined in the District Courts of Appeal of ..., Volume 19

1913 - 984 pages
...FACTO" — ACTS INVOLVING PUBLIC OB PRIVATE RIGHTS — COLOR OF APPOINTMENT. OR PUBLIC ACQUIESCENCE. An officer de facto is one whose acts, though not those of a lawful STREET ASSESSMENT (Continued). officer, are such as the law, upon principles of policy and justice,...
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Treasury Decisions Under Customs and Other Laws, Volume 51

United States. Department of the Treasury - 1927 - 1424 pages
...prima facie power, to appoint or elect in the particular case; and it thus defines an officer de facto: An officer de facto is one whose acts, though not...and third persons, where the duties of the office are exercised: First. Without a known appointment or election, but under such circumstances of reputation...
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Reports of Cases Determined in the Supreme Court of the ..., Volume 37

Philippines. Supreme Court - 1919 - 1244 pages
...Stone, 119 Mass., 465; 20 Am. Rep., 335; State vs. Carroll, 38 Conn., 449; 9 Am. Rep., 409.) A judge de facto is one whose acts, though not those of a...justice will hold valid so far as they involve the interest of the public and third persons, where the duties of the office were exercised: (a) Without...
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International Law Reports, Volume 52

E. Lauterpacht - 1979 - 576 pages
...widely stated as it was by Butler CJ. in State v. Carroll (1871) 9 Am. 409, 427; this was as follows: " An officer de facto is one whose acts, though not...were exercised: " First, without a known appointment .... but under such circumstances of reputation or acquiescence as were calculated to induce people,...
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The Effect of an Unconstitutional Statute

Oliver Peter Field - 1999 - 372 pages
...sufficiently accurate and comprehensive to cover the whole ground must, I think, be substantially as follows: An officer de facto is one whose acts, though not...persons, where the duties of the office were exercised . . . Fourth, under color of an election or appointment by or pursuant to a public unconstitutional...
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A Treatise on the Law of Taxation, Including the Law of Local Assessments

Thomas McIntyre Cooley - 2003 - 804 pages
...the authorities are reviewed at length. The conclusions are summarized by Butler, Oh. J., as follows: "An officer de facto is one whose acts, though not...far as they involve the interests of the public and of third persons, where the duties of the office were exercised : 1. Without a known appointment or...
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