Ex parte Call
Court of Appeals of Texas
Habeas Corpus sued out to the Court of Appeals. The relator, Dennis Call, Jr., alleged that he was illegally restrained of his liberty by the sheriff of Orange county, by virtue of a judgment rendered by the county court of said county, to the effect that the state of Texas have and recover of the relator the sum of $5 and costs of suit, and that he remain in the custody of the sheriff until-said fine and costs are paid Relator alleged that the cause wherein said judgment…
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Habeas Corpus sued out to the Court of Appeals. The relator, Dennis Call, Jr., alleged that he was illegally restrained of his liberty by the sheriff of Orange county, by virtue of a judgment rendered by the county court of said county, to the effect that the state of Texas have and recover of the relator the sum of $5 and costs of suit, and that he remain in the custody of the sheriff until-said fine and costs are paid Relator alleged that the cause wherein said judgment was rendered was tried at the March term, 1877, of said county court, and that all the proceedings in said trial were…
1Opinion of the CourtWhite, J.
It is a general rule that the title of an incumbent of a judicial office cannot be impeached collaterally and indirectly, and that, while he is in possession of the office, discharging its ordinary functions, his official acts are conclusive as to all persons interested. Cooper v. Moore, 44 Miss. 386.
*501An officer de facto is a person who is such by color of election, though ineligible, or though the office was not vacant. Gregg v. Jamison, 55 Pa. St. 468.
The right of a person acting colore officii to the office in which he acts can be tried only in a proceeding to which he is a party, directly…
2Cases cited13 opinions
- State v. CarrollSupreme Court of Connecticut · 1871
- State v. JohnstonTennessee Supreme Court · 1847
- Green v. BurkeNew York Supreme Court · 1840
- Perry v. StateTexas Supreme Court · 1874
- Aulanier v. GovernorTexas Supreme Court · 1846
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3Cited by2 opinions
- Kingsland, Ferguson & Co. v. HarrellCourt of Appeals of Texas · 1879
- Stubbs v. City of GalvestonCourt of Appeals of Texas · 1886