Stuhr v. Curran

Beasley, Chief Justice,

(dissenting.) The legal question presented by the facts of this case is whether an officer de jure can maintain an action against an officer de facto, by reason of the intrusion of the latter into the office and the receipt by him of the emoluments.

In the opinion of the majority of the court the law does not afford such a redress, unless it is made to appear that such intruder was aware at the time of his taking possession of such office that he had, in point of fact, no legal title to it. In that conclusion I find myself, after a careful examination of the subject,…