Cooper v. Moore

Citations

• 44 Miss. 386

Syllabus

<p>1. CoNSTTTUTEHI — MlLITABT AD7B35BITY — -TteKUEB OF JXTMOIAI. OFFICE_It Í0 plainly inferable that other offices not enumerated. in soc. 6 of art. 12 of the new constitution, were intended to continue in office until some precision should he made hy law for others to discharge their-functions, and, therefore, the judges in office by th® appointment of the military commandant would remain in office until the legisla^ ture organized tho districts and prescribed the manner of the induction ef the new judicial system.</p> <p>2. Offioiat. acts of officees he facto soon — Statute.—At common law where a person, claims to hold, an office, hia title thereto shall, not bo questioned, in. an s,ctioii to which lie is not a party; but while he holds the office defacto his acts and doings therein shall he deemed good. 7 Bae. Ahr., 283; Powlerv. Bobee, 9 Mass., 231; Justices of Jefferson v. Clarke, 1 Monroe, 86; 4 Crunch, 76; 7 Johns., 618; 2 Penn., 297 ; 2 Kent’s Com., 339; and Rey. Code, 138, art. 194, is declaratory of this doctrine of the common law.</p> <p>3. Same. — The incumbent of a judicial office cannot be impeached collaterally and indirectly, if he is in possession of the office, discharging its ordinary functions, his official acts are conclusive as to allpersons interested in or effected by them. If he is a usurper, in possession without right, the state whose authority he abuses can Wove directly for his ejection and punishment.</p>