Cohn v. Beal

Citations

• 61 Miss. 398

Syllabus

<p>De Facto and De Jebe Officer. Pleading. Case in judgment.</p> <p>There cannot be a de facto and a dejure officer holding and exercising the functions of the same office at the same time. Hence, where the replication sets up the fact that the official acts were acts of a defacto officer, and could not be inquired into collaterally, a rejoinder that at the time the acts were performed there was a de jure officer in actual possession of the office, is good on demurrer, and judgment fiual will he entered for want of further pleading.</p>