Town of Sumrall v. Polk

Citations

• 118 Miss. 687
• 79 So. 847

Syllabus

<p>1. Officers. De facto officers. Effect of acts.</p> <p>The lawful acts of a de factor officer are binding upon a third person.</p> <p>2. Municipai, Corporations. Mayor. Title to office. Collateral attach.</p> <p>The title to an office must be attacked directly if at all, and where a duly elected mayor was in possession of the office, and discharging the duties of the same, his title to such office cannot he attacked in a prosectution for violating a city ordinance by a plea that the ordinance is invalid, because the mayor signed the ordinance without having taken the oath of office.</p> <p>3. Municipai Corporations. Mayor. Performance of duties. Failure to take oath.</p> <p>Where a mayor was duly elected to the office and was discharging the duties and exercising the powers of such office, he was an officer de juris, and did not lose his rights and power by failing to take the oath of office.</p>