Harbaugh v. Winsor
Supreme Court of Missouri
Error to Lafayette Circuit Court. I. The question before the Circuit Court involved the simple fact, whether R. C. Yaughan, on the 3d of July, 1865, was acting and discharging the duties of the office of clerk of the Circuit Court of Lafayette county; whether he was clerk de facto of said court. II. The acts of officers de facto are as valid, so far as the public is concerned, as though they were officers de jure; so are they with third persons.
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Error to Lafayette Circuit Court. I. The question before the Circuit Court involved the simple fact, whether R. C. Yaughan, on the 3d of July, 1865, was acting and discharging the duties of the office of clerk of the Circuit Court of Lafayette county; whether he was clerk de facto of said court. II. The acts of officers de facto are as valid, so far as the public is concerned, as though they were officers de jure; so are they with third persons. “An officer defacto is one who has the reputation of being the officer he assumes to be, and yet is not a good officer in point of law ” — Ld.…
1Opinion of the Court
Wagner, Judge,
delivered the opinion of the court.. The plaintiff in error brought his action in the Circuit Court of Lafayette county, against the defendants. The petition contained two counts. The first count charged that the defendants, on the 5th day of July, 1860, did, with great force and violence, enter into the printing office of plaintiff, in the county of Lafayette, which printing office was then and there hi the lawful and -peaceable possession of the plaintiff; and said defendants then and there violently, tumultuously, and with great force and violence, seized, took and carried…
2Cases cited7 opinions
- Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
- People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Wilcox v. SmithNew York Supreme Court · 1830
- Cocke Ex Rel. Commercial Bank of Columbus v. HalseySupreme Court of the United States · 1842
- St. Louis County Court v. SparksSupreme Court of Missouri · 1846
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Miller v. DunnCalifornia Supreme Court · 1887
- Gosman v. State ex rel. SchumacherIndiana Supreme Court · 1886
- State v. DouglassSupreme Court of Missouri · 1872
- Boggess v. PenceSupreme Court of Missouri · 1959
- State Ex Rel. City of Clarence v. DrainSupreme Court of Missouri · 1934
8 more not listed; retrieve them via the Exa API.