 ... because there •was a want of power in the electing or appointing body, or by reason of some defect or irregularity in its exercise, such ineligibility, want of power, or defect being unknown to the public; fourth, under color of an election or appointment...  Michigan Reports: Cases Decided in the Supreme Court of Michigan - Page 672by Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Herschel Bouton Lazell, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, James M. Reasoner, Richard W. Cooper - 1907Full view - About this book
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1913 - 1002 pages
...ineligibility, want of power, or defect being known to the public. "Fourth. Under color of an election or an appointment by or pursuant to a public, unconstitutional law, before the same is adjudged to be such." These definitions appear to us to be exceptionally well stated, and to cover fully every state... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1892 - 742 pages
...in its exercise, such ineligibility, want of power, or defect being unknown to the public. "Fourth. Under color of an election or appointment by or pursuant...a public unconstitutional law, before the same is adjndged to be such." In Ex parte Strong, 21 Ohio St. 610, the court say: "The true doctrine seems... | |
 | Law - 1888 - 564 pages
...in its exercise, such iueligibility, want of power, or defect being unknown to the public; fourth, under color of an election or appointment by or pursuant...unconstitutional law, before the same is adjudged to be such." It appears to us that the case at bar is one which comes within the category last named. There... | |
 | Law - 1874 - 450 pages
...irregularity in its exercise, such ineligibility, want of power or defect being unknown to the public. Fourth. Under color of an election or appointment by or pursuant...unconstitutional law, before the same is adjudged to be such." We had intended to speak of how far an officer de facto is protected when assailed directly... | |
 | Law - 1874 - 440 pages
...irregularity in its exercise, such ineligibility, want of power or defect being unknown to the public. Fourth. Under color of an election or appointment by or pursuant...unconstitutional law, before the same is adjudged to be such." We had intended to speak of how far an officer de facto is protected when assailed directly... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1899 - 602 pages
...irregularity in its exercise, such ineligibility, want of power, or defect, being unknown to the public. 4. Under color of an election or appointment by or pursuant...unconstitutional law, before the same is adjudged to be such." According to the above definition, Blazer was clearly a de facto justice of the peace. By the... | |
 | William Wait - Actions and defenses - 1878 - 1026 pages
...irregularity in its exercise, such ineligibility, want of power or defect being unknown to the public. 4. Under color of an election or appointment by, or pursuant...unconstitutional law before the same is adjudged to be such. State \. Carroll, 38 Conn. 449 ; 0 Am. Rep. 409, per BUTLEK, CJ ; Petersilea v. Stone, 119 Mass.... | |
 | William Law Murfree - Sheriffs - 1884 - 782 pages
...in its exercise, such ineligibility, want of power, or defect, being unknown to the public. "Fourth. Under color of an election or appointment by or pursuant...unconstitutional law, before the same is adjudged to be such." 1 Petersilea v. Stone, 119 Mass. 465; Brown v. Lunt, 37 Me. 423 ; State v. Carroll, 38 Conn.... | |
 | Law reports, digests, etc - 1910 - 1164 pages
...involve the Interests of the public and of third persons, where the duties of the office are exercised under color of an election or appointment by or pursuant...unconstitutional law before the same is adjudged to be such/ refers to numerous cases, the reasoning of which in his judgment supports this proposition. Justice... | |
 | California - Law - 1886 - 964 pages
...irregularity in its exercise, such ineligibility, want of power, or defect being unknown to tho public; 4. Under color of an election or appointment by or pursuant...unconstitutional law, before the same is adjudged to be such." This definition is substantially recognized and adopted by nearly all the adjudications in the... | |
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