Wimberly v. Boland

Citations

• 72 Miss. 241

Syllabus

<p>1. De Facto Officer. Deputy. Minority. Issuance of writ.</p> <p>Where the son of a circuit clerk, though ineligible to appointment as deputy because of minority, acts as his father’s deputy, and is generally recognized by the public as such, he is a tie facto officer, and a writ of attachment issued by him as such deputy is not void.</p> <p>2. Writ. Issuance by deputy. Signature. Amendment. Code 1892, \\ 3439.</p> <p>Where a deputy clerk issues an attachment writ in the name of the clerk, without affixing his name as deputy, the writ is not void. At most, this is only an irregularity, and amendable. Code 1892, l 3439; Spratley v. Kitchens, 55 Miss., 578.</p>