Fylpaa v. Brown County

Citations

• 6 S.D. 634
• 62 N.W. 962
• 1895 S.D. LEXIS 160

Syllabus

<p>1. In order to protect the public, and prevent a failure of justice, the apparently official acts of one having color of authority to hold and perform the duties of a public office are valid in respect to the rights of interested third persons, but void so far as they may be of exclusive interest or ultimate benefit to him.</p> <p>2. The right to an office being the only issue determined, by a statutory contest proceeding the judgment is self executing, except as to costs, and the right of the successful party to perform the duties of the office, and receive the emoluments thereof, is neither stayed, obstructed, nor suspended by an appeal therefrom.</p> <p>8. The payment by a board of county commissioners of salary to one who wrongfully retains a public office, after it has been judicially deter* . mined that another is entitled thereto, with full knowledge of the existence of such judgment, and that the duly elected officer has qualified and demanded the office, and has attempted to restrain such board from so doing, is not sufficient to defeat an action against the county by the de jure officer, to recover the compensation allowed by law for the time he was thus excluded.</p> <p>(Syllabus by the Court.</p>