Williamson v. Woolf
Supreme Court of Alabama
.AppEAL'-from the Circuit Court of Wilcox. "Tried before the Hod. Nat. Cook:. 'This action was founded - on a penal bond, executed by John D. Catlin, jr., (since deceased,) D. S. J. Woolf, and J. A. Blakeney, dated tlie 7th June, 1854, payable-to the State of Alabama, and conditioned as follows: “'Whereas the above-bound John D. Catlin, jr.;. has been duly elected inteu-dant of the town of Camden in said county, and is thereby made, ex officio, justice of tlie peace; now,…
Read the full summary
.AppEAL'-from the Circuit Court of Wilcox. "Tried before the Hod. Nat. Cook:. 'This action was founded - on a penal bond, executed by John D. Catlin, jr., (since deceased,) D. S. J. Woolf, and J. A. Blakeney, dated tlie 7th June, 1854, payable-to the State of Alabama, and conditioned as follows: “'Whereas the above-bound John D. Catlin, jr.;. has been duly elected inteu-dant of the town of Camden in said county, and is thereby made, ex officio, justice of tlie peace; now, therefore, should the said Catlin well and truly do aiid perform all the duties which are, or may be, required of him by…
1Opinion of the CourtR. W. Walker, J.
We do not deem it necessary to determine, whether by the act.“-to incorporate the town of Camden in Wilcox county,”' (Acts -1841, p. 54,) the intend-ant of the town is made, ex officio, a justice of the peace. On that point, the law.may bemon ceded, .to be as the appel*304lants contend; and yet it would be of no avail to them in this suit.
It is not always easy to determine what is necessary to constitute an officer de facto. The general definition is, that he is one who exercise.s-the duties of an office, under color of an appointment or election to that office,; thoughLord Ellen-borough, in'the…
2Cases cited6 opinions
- Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
- People v. CookNew York Supreme Court · 1852
- Sprowl v. LawrenceSupreme Court of Alabama · 1859
- Alston v. AlstonSupreme Court of Alabama · 1859
- Governor v. WileySupreme Court of Alabama · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Craft v. Standard Acc. Ins. Co.Supreme Court of Alabama · 1929
- Thorington v. GouldSupreme Court of Alabama · 1877
- Copeland & Brantley v. CunninghamSupreme Court of Alabama · 1879
- Plowman v. HendersonSupreme Court of Alabama · 1877
- Coleman v. Pike CountySupreme Court of Alabama · 1887
10 more not listed; retrieve them via the Exa API.