 ... 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, want of power, or defect being unknown to the public. "Fourth. Under color of an election or an...  Lawyers' Reports Annotated - Página 3621910Visualização integral - Acerca deste livro
 | 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 páginas
...holding is said not to be inconsistent with the rule that one chosen under color of an election, or appointment by or pursuant to a public 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... | |
 | 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 páginas
...ineligibility, want of power, or defect being unknown to the public. "Fourth. Under color of an election or appointment by or pursuant to 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... | |
 | 1888 - 564 páginas
...iueligibility, want of power, or defect being unknown to the public; fourth, under color of an election or appointment by or pursuant to a 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 páginas
...ineligibility, want of power or defect being unknown to the public. Fourth. Under color of an election or appointment by or pursuant to a 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 páginas
...ineligibility, want of power or defect being unknown to the public. Fourth. Under color of an election or appointment by or pursuant to a 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 páginas
...ineligibility, want of power, or defect, being unknown to the public. 4. Under color of an election or appointment by or pursuant to a public, 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 páginas
...ineligibility, want of power or defect being unknown to the public. 4. Under color of an election or appointment by, or pursuant to a public 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 páginas
...ineligibility, want of power, or defect, being unknown to the public. "Fourth. Under color of an election or appointment by or pursuant to a 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,... | |
 | 1908 - 1160 páginas
...Justice, will hold valid so far as. they Involve the interests of the public and of third persons, where the duties of the office are exercised under...law before the same is adjudged to be such," refers ta numerous cases, the reasoning of which, In his judgment, supports this proposition. Justice Field,... | |
| |
