B. Altman & Co. v. Wall

Citations

• 111 Miss. 198
• 71 So. 318

Syllabus

<p>Justices of the Peace. De facto officer. Validity of attachment. Statute.</p> <p>Under Code 1906, section 3473, making the official acts of a person in possession of a public office, and exercising the functions thereof, valid and binding as official acts in regard to all persons interested in or affected thereby, whether such person be lawfully entitled to hold the office or not, an attachment issued by a mayor of a town, who after qualifying as deputy sheriff of the •county, exercised the duties of mayor and ex officio justice of the peace until his term of office as mayor expired, was valid notwithstanding the Constitution 1890, article 1, section 2, provides that no person belonging to one department of government shall exercise any power belonging to either of the others, and that acceptance of an office in a department shall vacate all offices held by the person so accepting in any other department.</p>