People ex rel. Winstanley v. Weber

Citations

• 89 Ill. 347

Syllabus

<p>1. Officer de facto—when not sufficient. While the acts of an officer de facto are valid in so far as the rights of the public are involved, or the rights of third persons having an interest in them are concerned, yet if a party sues or defends in his own right as a public officer, it is not sufficient that he be merely an officer de facto, but he must be an officer de jure.</p> <p>2. Office—appointment by mayor of treasurer. The appointment of one to the office of city treasurer, under a law which requires a confirmation by the city council, gives the appointee no right to the office without such confirmation by the proper and legal city council.</p>