Dabney v. Hudson

Citations

• 68 Miss. 292

Syllabus

<p>1. De Facto Offices. Official acts. Recognition by public.</p> <p>The rale which imputes validity to the acts of those who are officers de facto rests upon the principle that it is essential to protect those who, finding an office filled hy one performing its duties and recognized by the public as the true officer, deal with him on the faith that he is such. .,</p> <p>2. Same. Acts without color of right. No official functions.</p> <p>Where there is neither colorable right to the office, nor performance of official functions, nor recognition of official character by the public, one who, without right, assumes to perform an,official act cannot be regarded an officer de facto.</p> <p>3. Same. Unauthorized act. Case in judgment.</p> <p>Where one, who was in November elected justice of the peace for the term beginning January 6th, and who qualified and received from his predecessor the docket January 1st (both believing the term to begin that day), issued a writ of replevin January 4th, the writ is void. Having assumed to perform no other official acts, and not being regarded by the public as the officer, the issuance of the writ was not the act of a de facto officer.</p>