Faucette v. Gerlach
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. Roberts was at least a de facto alderman, and his acts are valid and binding and can not be collaterally attacked. 38 Conn. 449; 9 Am. Rep. 409; 25 Ark. 336; 55 Id. 81; 1 Dillon, Mun. Corp. (4 ed.), $ 276; 52 Mo.
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Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. Roberts was at least a de facto alderman, and his acts are valid and binding and can not be collaterally attacked. 38 Conn. 449; 9 Am. Rep. 409; 25 Ark. 336; 55 Id. 81; 1 Dillon, Mun. Corp. (4 ed.), $ 276; 52 Mo. App. 540; 24 Wend. 520; 47 N. J. L. 383; 48 Id. 613; 10 Okla. 741; 54 L. R. A. 513; 131 Ky. 537; 115 S. W. 772; 61 Vt. 616; 49 Ark. 439; 3 Head (40 Tenn.) 690; 48 Me. 79; 96 Pa. 344; 121 N. W. 614. 2. The authority of a de facto officer can not be collaterally questioned. ! 18 U. S. 425; 105 Me. 224; 24 L.…
1Opinion of the Court
HART, J.,
(after stating the facts). In the discussion of the validity of the acts of an officer de facto because of ineligibility, Judge Constantineau said:
“A person who enters into an office and undertakes the performance of the duties thereof by virtue of an election or appointment, is an officer de facto, though he was ineligible at the time he was elected or appointed, or has subsequently become disabled to hold the office.” Indeed, it is settled by a current of authority almost unbroken for over 500 yeaxs in England and this country, that ineligibility to hold an office does not prevent…
2Cases cited10 opinions
- Lockhart v. City of TroySupreme Court of Alabama · 1872
- Morford v. Territory of OklahomaSupreme Court of Oklahoma · 1901
- Keith v. StateSupreme Court of Arkansas · 1887
- Mayo v. StoneumSupreme Court of Alabama · 1841
- Johnson v. SandersCourt of Appeals of Kentucky · 1909
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3Cited by49 opinions
- Bell v. StateSupreme Court of Arkansas · 1998
- Appleby v. Belden Corp.Court of Appeals of Arkansas · 1987
- Brown v. AndersonSupreme Court of Arkansas · 1946
- Chronister v. StateCourt of Appeals of Arkansas · 1996
- Gladson v. WilsonSupreme Court of Arkansas · 1938
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