Legal Opinion

Colton v. Beardsley, Bigelow & Spooner

New York Supreme Court

Decided July 10, 1860PublishedCited by 20 opinions

THIS was an action to recover for the taking and conversion of certain property. The defendants justified their acts as trustees of school district Ho. 17, in the town of Dekalb, St. Lawrence county.

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THIS was an action to recover for the taking and conversion of certain property. The defendants justified their acts as trustees of school district Ho. 17, in the town of Dekalb, St. Lawrence county. To prove his case, the plaintiff gave in evidence two warrants issued by the defendants as such trustees; one dated April 8, 1857, the other dated June 10, 1857; and proved that under the first the collectors seized and sold a heifer, worth $24, and under the second, two cows and a heifer, worth $76. On cross-examination the defendants asked the plaintiff’s first witness if, at the several dates…

1Opinion of the CourtJames, P. J.

The acts of mere usurpers of office, without any color of title, are undoubtedly wholly void, both as to individuals and the public; but where there is color of lawful title, the doings of such officers, as it respects third persons and the public, must be respected until they are ousted by an appropriate proceeding to try the validity of the title to the office. It has been repeatedly adjudged that the acts of an officer de facto, though his title may be bad, are valid, so far as they concern the public and the rights of third persons who have an interest in the things done. (Green v. Burke,…

2Cases cited25 opinions

  1. Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
  2. Martin v. MottSupreme Court of the United States · 1827
  3. Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
  4. Weaver v. DevendorfNew York Supreme Court · 1846
  5. Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846

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3Cited by20 opinions

  1. Michel v. SmithCalifornia Supreme Court · 1922
  2. Board of Auditors v. BenoitMichigan Supreme Court · 1870
  3. State v. WearSupreme Court of Missouri · 1898
  4. Hagerman v. SuttonSupreme Court of Missouri · 1887
  5. Lavin v. Board of Commissioners of Cook CountyIllinois Supreme Court · 1910

15 more not listed; retrieve them via the Exa API.

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