State ex rel. Stearns v. Smith

Citations

• 9 Wash. 195
• 37 P. 294
• 1894 Wash. LEXIS 281

Syllabus

<p>BOARD OF REGENTS OF AGRICULTURAL COLLEGE — POWERS OF TREASURER OF DE FACTO BOARD.</p> <p>Where a board of regents of a state institution stands by and allows a succeeding board to assume and discharge the duties of such office without question, the'succeeding board, although it may have been illegally appointed, becomes the dc facto board, and, being in full and exclusive possession of said office, it becomes the duty of the courts to aid such de facto board in obtaining possession of the public funds devoted to such institution.</p> <p>Where the law provides for the election by a board of regents of one of their number as treasurer, the election of such officer by a de facto board constitutes the officer a treasurer de jure of such board, and entitles him to the funds in the hands of the treasurer of the preceding board.</p>