Dabney v. Hudson
Mississippi Supreme Court
Fbom the circuit court of De Soto county. HoN. James T. Faiit, Judge. The opinion states the facts. Section 415, code 1880, which is invoked by appellee, is as follows: “ The official acts of any person in possession of any public office, and exercising the functions thereof, shall be valid and binding as official acts, in regard to all persons interested or affected thereby, whether such person be lawfully entitled to hold such office or not, and whether such person shall…
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Fbom the circuit court of De Soto county. HoN. James T. Faiit, Judge. The opinion states the facts. Section 415, code 1880, which is invoked by appellee, is as follows: “ The official acts of any person in possession of any public office, and exercising the functions thereof, shall be valid and binding as official acts, in regard to all persons interested or affected thereby, whether such person be lawfully entitled to hold such office or not, and whether such person shall be lawfully qualified or not; but such person shall be liable to all the penalties imposed by larr for usurping or…
1Opinion of the CourtCoopee, J.
At the November election in the year 1889 one Hughey was elected a justice of the peace for the 3d district in De Soto county for the *294term of two years, to begin on the first Monday of January thereafter. One Stewart was the predecessor of Hughey and he continued to reside in the district until after the beginning of the term for which Hughey had been elected, January 6, 1890. Both Stewart and Hughey seein to have rested under the belief that the term of Stewart ended, and that of Hughey began, on the first day instead of the first Monday of January, for on that day Stewart delivered and…
2Cases cited2 opinions
- State v. CarrollSupreme Court of Connecticut · 1871
- Freeman v. OtisMassachusetts Supreme Judicial Court · 1812
3Cited by3 opinions
- Commonwealth v. BushCourt of Appeals of Kentucky · 1909
- State v. PackSuperior Court of Delaware · 1963
- State ex rel. Bragg v. BashamMississippi Supreme Court · 1900