Fancher v. Stearns
Supreme Court of Vermont
This was an appeal from the judgment of a justice of the peace. The defendants contended that the suit should be dismissed for the reason that the justice had no jurisdiction in the premises,* and it was stipulated that the same judgment should be given as though the proper pleadings had been filed. The court at the April Term, 1889, Royce, Ch. J., presiding, dismissed the appeal. The plaintiff excepted.
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This was an appeal from the judgment of a justice of the peace. The defendants contended that the suit should be dismissed for the reason that the justice had no jurisdiction in the premises,* and it was stipulated that the same judgment should be given as though the proper pleadings had been filed. The court at the April Term, 1889, Royce, Ch. J., presiding, dismissed the appeal. The plaintiff excepted. The facts were as follows: The said justice was appointed by the governor to fill a vacancy. He was regularly commissioned, and, during his term, discharged the various duties of his office.…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
Public office is a public trust. The public generally is interested in the administration of this trust and has the •right to assume that persons in possession of an office under the forms of law and holding commissions attesting their title thereto =are in fact as they are in form de jure officers. To prevent the •endless confusion and irreparable injuries that would otherwise follow, the doctrine, that officers coming into the , possession of "their offices under the forms of law and assuming to act Tinder a proper commission issued by the…
2Cases cited5 opinions
- State v. CarrollSupreme Court of Connecticut · 1871
- United States v. Nashville, Chattanooga & St. Louis Railway Co.Supreme Court of the United States · 1886
- McGregor v. BalchSupreme Court of Vermont · 1842
- Town of Lyndon v. MillerSupreme Court of Vermont · 1863
- Overseer of the Poor v. YarringtonSupreme Court of Vermont · 1848
3Cited by8 opinions
- Faucette v. GerlachSupreme Court of Arkansas · 1918
- In re G. V.Supreme Court of Vermont · 1978
- Petition of DusablonSupreme Court of Vermont · 1967
- Richard McCormack & Tanya Vyhovsky v. Phil Scott & Zoie SaundersSupreme Court of Vermont · 2025
- Rounds v. McGeownSupreme Court of Vermont · 1939
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