Wimberly v. Boland
Mississippi Supreme Court
FroM the chancery court of Calhoun county. HoN. B. T. Kimbrough, Chancellor. W. R. Creekmore was the circuit clerk of Calhoun county, and kept his son, Hiram, fourteen years of age, in the office as his assistant. He acted as deputy circuit clerk, and, as his father testifies, had full authority to attend to any business connected with the office.
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FroM the chancery court of Calhoun county. HoN. B. T. Kimbrough, Chancellor. W. R. Creekmore was the circuit clerk of Calhoun county, and kept his son, Hiram, fourteen years of age, in the office as his assistant. He acted as deputy circuit clerk, and, as his father testifies, had full authority to attend to any business connected with the office. The son, in fact, attended to much of the business, -and, when the father was absent, attended to all of it, and he ivas recognized by the public as a deputy. It was not shown, however, that he assumed to be a legally constituted deputy, and he did…
1Opinion of the CourtCooper, C. J.
The fact that Hiram Creekmore was, at the time of the issuance of the writ of attachment, which is assailed in the cause, acting as deputy for his father, and was generally recognized by the public as the deputy clerk, is too clearly shown by the evidence to admit of controversy. That, by reason of his minority, he could not have been lawfully appointed as such deputy, is not material, for a de facto officer is one who is such in fact but not in law, and minority is not different from any other legal disqualification. Throop on Public Officers, ch. 27; 5 Am. & Eng. Enc. L., title de facto…
2Cases cited1 opinion
- Spratley v. KitchensMississippi Supreme Court · 1878
3Cited by5 opinions
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- State v. BoykinMississippi Supreme Court · 1917
- Page v. MintzerCalifornia Court of Appeal · 1919
- Shelby v. BurnsMississippi Supreme Court · 1929