Kingsland, Ferguson & Co. v. Harrell

Opinion by

White, J

§ 736. The right of one acting colore officii cannot be tried in a collateral proceeding. Where one of the grounds set out in the petition for injunction was that the constable making the levy had never qualified and given bond officially, held, 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 presenting the question, and not in a collateral way, between third persons. [Douglass v. Nickwire, 19 Conn. 489; Facey v. Fuller, 13 Mich. 527; Bean v. Thompson, 19 N. H. *404290; Conner v.…