Kelly v. Wimberly

Citations

• 61 Miss. 548

Syllabus

<p>1. Mandamus. Allowance of claim by town council.</p> <p>A claim being for a certain and ascertained amount, its allowance and audition by tbe town council is equivalent to a judgment at law, and mandamus will lie to enforce its payment.</p> <p>2. De Facto Officer. Estoppel.</p> <p>A defacto officer cannot remain undisturbed in office and claim tliat lie is not a de jure officer. While in office he can be compelled to perform every official act in behalf of another which the duties of such office dictate.</p>