State v. Douglass
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. I. During the term of court at which the indictment was found, Pipkin was at least a de facto officer, and his acts were . valid and binding upon third parties, and cannot be called in question collaterally as in this case. (King v. Corporation of Bed-ford, 6 Bast, 369, and authorities cited; King v. Lisle, Andrews, 163 ; Lutwyche, 608-19.) II.
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Appeal from Jefferson Circuit Court. I. During the term of court at which the indictment was found, Pipkin was at least a de facto officer, and his acts were . valid and binding upon third parties, and cannot be called in question collaterally as in this case. (King v. Corporation of Bed-ford, 6 Bast, 369, and authorities cited; King v. Lisle, Andrews, 163 ; Lutwyche, 608-19.) II. If he then were de facto officer, his acts were colore officii and valid as to and between third parties. (King v. Lisle, supra; People v. Collins, 7 Johns. 549; Mclnstry v. Tanner, 9 Johns. 135; People v. White, 24…
1Opinion of the CourtWagner, Judge
The only question presented by this case involves the authority and validity of the acts of Philip Pipkin while acting as judge of the Twenty-sixth judicial circuit.
The Legislature, by an act approved March 15, 1872, redistricted the State into judicial circuits, and, in numbering the same, called what was formerly known as the Fifteenth the Twenty-sixth circuit. There was no change made in its territorial limits. Vail was the duly elected and qualified judge of the Fifteenth circuit, and the number of his circuit was transferred to a different part of the State. The act provided for an…
2Cases cited2 opinions
- People v. BangsIllinois Supreme Court · 1860
- Harbaugh v. WinsorSupreme Court of Missouri · 1866
3Cited by16 opinions
- Miller v. DunnCalifornia Supreme Court · 1887
- State ex rel. Lemon v. Board of EqualizationSupreme Court of Missouri · 1891
- County of Ralls v. DouglassSupreme Court of the United States · 1882
- Hunter's Adm'r v. Ferguson's Adm'rSupreme Court of Kansas · 1874
- State v. DierbergerSupreme Court of Missouri · 1886
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