Humel v. Hoogendorn

Citations

• 5 Alaska 25

Syllabus

<p>1. Judges <&wkey;ll, 26—Officers de Facto.</p> <p>The district .judge of the Second division of Alaska was removed by the President, to take effect on November 1, 1913, and his successor was appointed and commissioned to take office that day; the successor did not arrive at Nome until November 3d, when he took his oath of office and entered upon his duties; the removed judge continued to act as such until the 3d, when his successor took the oath of office; on motion of defendant to vacate findings and judgment entered by the acting judge on and after November 1st, and before his successor arrived and took the oath of office. Held, no legal evidence in the record as to when the judge’s removal became effective, his removal by the President was within executive authority, and his acts as de facto judge pending the arrival of his successor Were valid.</p> <p>2. Judges <&wkey;26—Judgment—Collateral Attack.</p> <p>Where a judge of a district court of Alaska, who has ‘been formally removed by the President and his successor appointed, was acting as de facto judge of the court between the time of the order of his removal and the taking of the oath of office by his successor, his judicial acts as such de facto officer cannot be collaterally attacked.</p> <p><&wkey;See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>3. Principal and Agent <&wkey;81(l)—Compensation.</p> <p>An agent is entitled to recover compensation for his services rendered the principal even though the purpose for which he was employed fails, provided it does not fail because of his fault, and there is no agreement conditioned on its success.</p> <p>4. New Trial ,&wkey;>70—Grounds tor.</p> <p>Where the only evidence to support the judgment for the plaintiff was her opinion as to the value of her service as agent in conducting the sale of the principal’s property, and she was not shown to have had any previous experience in such matters, helé, a new trial was granted.</p> <p><§^See s