Hooper v. Goodwin
Supreme Judicial Court of Maine
Exceptions from the ruling of Appleton, J. This was an ‘action of debt, upon a bond given by a debtor, arrested on execution, for his release. The bond is dated May 30, 1859. On the 27th day of June following, Austin Edgerly, who then held a commission as a justice of the peace in and for the county of York, issued a citation to the creditor, upon the application made to him by the debtor.
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Exceptions from the ruling of Appleton, J. This was an ‘action of debt, upon a bond given by a debtor, arrested on execution, for his release. The bond is dated May 30, 1859. On the 27th day of June following, Austin Edgerly, who then held a commission as a justice of the peace in and for the county of York, issued a citation to the creditor, upon the application made to him by the debtor. The citation was duly served, and the debtor took the oath as provided by law, and the certificate was duly issued by the justices of the peace and of the quorum before whom the oath was taken. The creditor…
1Opinion of the Court
The opinion of the Court was drawn up by
Appleton, J.
An officer de facto is one, who executes the duties of an office under some color of right, some pretence of title, either by election or appointment. The acts of an officer de facto are valid when they concern the public or the rights of third persons, and cannot be indirectly called in question in a suit to which such officer is not a party. His right can only be questioned iñ a suit against him. A mere usurper is one who acts without color of title, and whose acts are utterly void. Tucker v. Aiken, 7 N. H., 113.
Whether a person,…
2Cases cited2 opinions
- State v. JohnstonTennessee Supreme Court · 1847
- People ex rel. Dobbs v. DeanNew York Supreme Court · 1830
3Cited by9 opinions
- Faucette v. GerlachSupreme Court of Arkansas · 1918
- State ex rel. Cosgrove v. PerkinsSupreme Court of Missouri · 1897
- State ex rel. Craig v. DoughertySupreme Court of Missouri · 1870
- Cohen v. KetchumSupreme Judicial Court of Maine · 1975
- Page v. MintzerCalifornia Court of Appeal · 1919
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