Kelly v. Breusing
New York Supreme Court
APPEAL from an order overruling a demurrer to the complaint. See same case at special term, ante, vol. 32, p. 601, where the substance of the pleadings is given.
1Opinion of the Court
By the Court,
Hogeboom, J.
The objection that the complaint does not show that the plaintiff has legal capacity to sue -is untenable. It cannot be necessary, and certainly *124never has heen usual, to set forth the time, manner and circumstances'of a sheriff’s election or appointment, or the detail or regularity of the proceedings by which he was inducted into office. He sues as a public officer known to the law, and is "obliged to be such de jure and de facto, and that is sufficient. His authority as an officer de facto is sufficient to protect all who deal with him in that capacity," and to…
2Cited by4 opinions
- Rinchey v. . StrykerNew York Court of Appeals · 1863
- Rinchey v. StrykerNew York Court of Appeals · 1863
- Davidson v. Chatham National BankNew York Supreme Court · 1884
- Green v. SternNew York Marine Court · 1882