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Home > Law > Jurisprudence and general issues > Abbott's Practice Cases Volume 6
Abbott's Practice Cases Volume 6

Abbott's Practice Cases Volume 6


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1858 Excerpt: ...street commissioner de facto, when he appointed his subordinates, as to the legal rights and position of his appointees or subordinates. A public office is defined to be a right to exercise a public employment and trust, and to take the fees and emoluments thereunto belonging. (2 Blackst. Com., 36.) There is no such thing as an office de facto. The distinction between an officer de facto, and a mere usurper has arisen, and is recognized in the law, for the benefit and protection of third persons, and not for the benefit of the officer, who is to be presumed to know whether he has been legally appointed or elected. An officer de facto merely, without the legal right, has himself the benefit of a legal recognition as such, only in suits to which he is not a party. As to himself, he is a mere usurper, though an officer de facto as to third persons interested in his acts. The rule of law, which makes him an officer de facto as to such third persons, confers on him no rights, and absolves him from no responsibility for his affirmative claimed official acts or proceedings. As to himself, such acts and proceedings are a mere nullity. Without right himself, he cannot confer any on others. His appointment of deputies or subordinates, as to himself and them, would be as void as any other colorable official act. It might make them severally officers de facto as to third persons, but could give them no better or greater right to institute, as such, any affirmative action or proceeding than he himself had or has, as an officer de facto. The right and title of his appointee rests on his own right and title, and neither can recover the salaries or the fees, and emoluments of the office, without proof that he is an officer de jure, and duly quali fied, and entitled to act....


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Product Details
  • ISBN-13: 9781231228494
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 234
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 1231228490
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 426 gr


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