| New Jersey. Supreme Court - 1877 - 228 pages
...concerned. That " they were commissioners de facto since they came into office by colour of title ; that it is a well settled principle of law, that the acts...third persons, who have an interest in the act done; that this rule is adopted to prevent a failure of justice," in cases of public concern and utility.... | |
| Pennsylvania. Supreme Court, Thomas Sergeant, William Rawle - 1823 - 598 pages
...Collins, 7 Johns. 549, the Court decided, that where one comes to his office by colour of title, his acts are valid, when they concern the public or the rights...third persons who have an interest in the act done. Wherever the act done by an officer de facto, has been declared to be valid, it is where some third... | |
| New York (State). Court of Chancery, William Johnson - 1828 - 556 pages
...commissioners de facto, who hold only by colour of title, and who have even omitted to take the oath of office, are valid when they concern the public, or the rights...third persons, who have an interest in the act done, and are void only as to such acts as are arbitrary and voluntary, and do not affect the public utility.... | |
| Jacob D. Wheeler - 1836 - 644 pages
...public justice, requires that they should be supported. 3. of law, that the acts of officers dt facto, are valid, when they concern the public, or the rights of third persons, who have an SOnS. interest in the act done, and the rule has been adopted to prevent a failure of justice. But... | |
| Vermont. Supreme Court - 1843 - 598 pages
...of justice of the peace, is an officer de facto, since he came to his office by color of title ; and it is a well settled principle of law that the acts...concern the public or the rights of third persons. Adams v. Jackson, 2 Aik. 145. In Berryman v. Wise, 4 TR 366, Buller, Justice, says, ' in the case of... | |
| South Carolina. Court of Appeals, James Albert Strobhart - 1849 - 672 pages
...were at least Judges de facto, with color of legal title ; and no principle is better settled than that the acts of such persons are valid, when they...third persons who have an interest in the act done. It would be impossible to maintain the supremacy of the law, if individuals were at liberty in a collateral... | |
| Georgia. Supreme Court - 1849 - 680 pages
...colour of election, and all his acts arc good, until he is removed ; at least so far as they conceru the public, or the rights of third persons, who have an interest in the act done. The people r«. Collin«, 7th John. Rep. 540. [5.] It does not appear on the face of this record, that... | |
| New York (State). Supreme Court, John Lansing Wendell - 1850 - 542 pages
...at the least, judges de facto, with color of legal title ; and no principle is better settled than that the acts of such persons are valid when they...third persons who have an interest in the act done. It would be impossible to maintain the supremacy of the laws, if individuals were at liberty, in this... | |
| Georgia. Supreme Court - 1851 - 716 pages
...Chancellor said, " It is a well-settled principle of law, that the acts of persons in office, de facto, are valid when they concern the public, or the rights...third persons who have an interest in the act done. The limitation of this rule is as to such acts as are arbitrary and voluntary, and do not affect the... | |
| Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1862 - 614 pages
...well settled that the acts of an officer de facto, though his title may be bad, are valid so far as they concern the public, or the rights of third persons who have an interest in the things to be done. Society could hardly exist] without such a rule." In erecting the county of Muskegon... | |
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