A Treatise on the Law of Public Offices and Officers

Floyd Russell Mechem

Callaghan, 1890 - 751 páginas

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References are to Sections	7

BOOK I	1

WHO ARE PUBLIC OFFICERS	12

Idiot ineligible	21

Property Qualifications	30

Same subjectKansas cases	36

OF APPOINTMENT TO OFFICE	41

Necessity of written appointment 115	48

Same subjectOfficer must keep within his jurisdiction 641	427

Same subjectImmunity extends to all grades of legislative action 646	433

Officer usually required to reside in district for which he was elected	437

Are liable only when actuated by malice 719 720	438

Same subjectDetermination of occasion or conditions not excluded 658	443

76	448

Only proximate damages can be recovered 675	449

114747	463

More frequently exercised under national than state governments 122	59

Whether failure to qualify causes vacancy 130	65

OF ELECTION TO OFFICE	73

In the territories congress prescribes qualifications 147	79

Same subjectRegulations must be reasonable 151	87

Effect where no opportunity for registration is provided 155	93

Residence 159	99

This is not a cruel or unusual punishment 166	104

Time of Holding the Election	110

Voter must vote in person 187	116

What Constitutes an Election	128

73	129

The Canvass and Returns	134

The procedureStatutory remedies 215	140

Correcting the returns 228	146

Same subjectVoter may disclose voluntarily 234	152

OF ACCEPTANCE OF OFFICE	155

OF QUALIFYING for the OFFICE	161

Sureties not released by concealment of previous default 809	162

Form of Bonds	167

When defective statutory bond good as common law obligation 271	169

Where surety bound by delivery contrary to condition 279	175

Same subjectSureties for one office not liable for default in another 285	182

Same subjectThe contrary view 292	188

Statute requiring distinctive mark is unconstitutional	194

Whether approval is a ministerial or judicial act 314	210

Usurper and intruder defined 321	216

Title of officer de facto cannot be questioned collaterally 330	222

Mandamus will not lie to install officer de jure 340	228

Contracts opposed to public policy are void 349	229

CONTRACTS FOR THE Sale of OFFICES	235

Same subjectIllustrations 363	242

BY THE EXPIRATION OF HIS TERM	253

Right to hold over does not revive on death of successor 401	259

To whom resignation is to be made 413	261

CHAPTER IV BY ACCEPTANCE OF ANOTHER OFFICE	267

BY ABANDONMENT OF OFFICE	276

Death of single officer creates vacancy 442	281

Necessity of notice and hearing before removal 454	287

What constitutes a removalImplied removal 459	294

Impeachments originate in the house but are tried by the senate 470	300

Removal from office and disqualification 473	302

Same subjectEffect of increasing duties or changing character of office	306

Will not lie where position is not a public office 479	309

Will not lie where there is other plain and adequate remedy 486	315

The replication 493	322

Purpose of this chapter 500	328

What Acts may be Ratified	347

Written or unwrittenexpress or implied 545	355

How in case of a State 555	361

Contracts for procuring pardons	366

CHAPTER IIOF THE EXECUTION OF THE AUTHORITY	367

Authority of deputies 570	373

IN WHOSE NAME AUTHORITY SHOULD BE EXERCISED	381

Of duties to individuals 592	387

Performance of duties resting in discretion 594	389

EXECUTIVE OFFICERS OF THE Government	395

1145	400

Same subjectOther reasons 620	402

Jurisdiction definedJurisdiction of the person of the subjectmatter	407

75	410

Same subjectLiability for acting under void statute 631	414

QUASIJUDICIAL OFFICERS	420

Are to some extent public officers 726	475

Duty of permitting strangers to make abstracts of title 739	481

Need not serve void process 746	487

Liable for negligence in making an insufficient levy 755	494

Liability for escapes 759	498

Liability for money received 765	504

Liability for levy under void paid expired or superseded process 772	510

To Strangers to the Writ	518

81	523

B FOR DEFAULTS OF HIS OFFICIAL SUBORDINATES	528

Not liable for negligence of subordinates 796	531

In general	537

Officer liable who conceals fact of his agency 814	543

Cases distinguishing public officers 823	549

Same subjectIllustrations 439	553

82	561

888888	572

89	593

When officer must sue in name of his office	597

Not liable for judicial action of court of general jurisdiction	603

90	605

DUTY TO ACCOUNT FOR PUBLIC PROPERTY	608

Extent of liability under statutes and bonds and excuses for defaults 912	609

Purpose of this chapter	615

This immunity from liability is not affected by motive	621

Lies to compel performance of ministerial duties 978	622

91	627

Does not lie to control discretion 945	631

To heads of departments 953	637

Lies to enforce ministerial but not discretionary duties 957	643

To County and other Boards and Bodies	649

Judicial discretion not interfered with 974	653

92	655

OF THE NATURE OF THE REMEDY	657

Nor against executive officers of government 987	659

CHAPTER IIIOF CERTIORARI TO PUBLIC OFFICERS	665

93	667

Purpose of this chapter	672

Office once abandoned cannot be resumed 440	681

Can not set up illegality of transaction to defeat right to an accounting 915

Principal must have been in existence 539

Contracts imposing restraints upon performance of duty are void 369

Persons dealing with officer must ascertain his authority

Officer de facto liable

To captain of ship of war 794

This immunity extends to judicial officers of all grades 622	3

Officer can not deal with himself without principals knowledge and con	6

Are liable for injuries from defaults 685	8

Liable for neglect to levy at all 758

Does not lie where there is other adqeuate remedy

Granted to enforce ministerial duty but not to control discretion 970

School officers not liable for errors in judgment

Writ not granted when other remedy exists	3

OF THE RIGHTS OF THE OFFICER AGAINST	4

The Liability of Municipal Corporations	5

To Taxing Officers	6

Purpose of this chapter	7

In generalOfficers may resign 409

THE RIGHT TO COMPENSATION

Not released by extension of time for accounting 807

May be controlled by constitution 66

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Otras ediciones - Ver todas

A Treatise on the Law of Public Offices and Officers
Floyd Russell Mechem
Vista completa - 1890

A Treatise On the Law of Public Offices and Officers
Floyd Russell Mechem
Sin vista previa disponible - 2022

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Términos y frases comunes

action agent Allen appointment Attorney-General authority ballot Bank Barb Blackf Board bond Canvassers cited Clark Commissioners common law Commonwealth compel Conn constitution contract County court Cranch Cush default Denio deputy Drain Commissioner duty East Saginaw election elector Evansville executive exercise expressly fact governor Gratt Happersett held Hill N. Y. Hohnbach hold Humph Iowa Johns Jones judge judgment jurisdiction justice Kans legislature liable mandamus Mayor Mechem on Agency ment Metc ministerial Minn Miss N. W. Rep oath officer de facto Ohio St Oreg party Penn performance person Pick plaintiff prescribed principal public officer qualifications quo warranto R. R. Co ratified reasonable registration remedy rule Sections sheriff Smith statute Strob Supervisors sureties Tenn term tion Torts United vacancy void vote voter Wall Wend writ

Pasajes populares

Página 28 - No Senator or Member of Assembly, shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased during such term, except such offices as may be filled by elections by the people.

Aparece en 236 libros desde 1819-2007

Página 629 - In such cases, their acts are his acts ; and whatever opinion may be entertained of the manner in which Executive discretion may be used, still there exists, and can exist, no power to control that discretion. The subjects are political; they respect the nation, not individual rights, and being intrusted to the Executive, the decision of the Executive is conclusive.

Aparece en 195 libros desde 1804-2007

Página 656 - But it has been well settled that, when a plain official duty, requiring no exercise of discretion, is to be performed, and performance is refused, any person who will sustain personal injury by such refusal may have a mandamus to compel its performance ; and when such duty is threatened to be violated by some positive official act, any person who will sustain personal injury thereby, for which adequate compensation cannot be had at law, may have an injunction to prevent it.

Aparece en 129 libros desde 1870-2004

Página 4 - An officer de facto is one whose acts, though not those of a lawful officer, the law, upon principles of policy and justice, will hold valid so far as they involve the interests of the public and third persons, where the duties of the office...

Aparece en 165 libros desde 1803-2003

Página 157 - Members of the legislature, and all officers, executive and judicial, except such inferior officers as may be by law exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation : " I do solemnly swear (or affirm...

Aparece en 453 libros desde 1819-2005

Página 56 - When any office shall, from any cause become vacant, and no mode is provided by the Constitution and laws for filling such vacancy, the Governor shall have power to fill such vacancy by granting a commission, which shall expire at the end of the next session of the Legislature, or at the next election by the people.

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Página 94 - For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States ; nor while engaged in the navigation of the waters of this State or of the United States, or of the high seas ; nor while a student of any seminary of learning, nor while kept at any almshouse or other asylum at public expense ; nor while confined in any public prison.

Aparece en 627 libros desde 1807-2007

Página 52 - The townships are only subordinate to the states in those interests which I shall term social, as they are common to all the citizens. They are independent in all that concerns themselves ; and among the inhabitants of New England, I believe that not a man is to be found who would acknowledge that the state has any right to interfere in their local interests.

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Página 41 - When a person has been nominated to an office by the President, confirmed by the Senate, and his commission has been signed by the President, and the seal of the United States affixed thereto, his appointment to that office is complete.

Aparece en 51 libros desde 1827-2001

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Título	A Treatise on the Law of Public Offices and Officers Legal classics library
Autor	Floyd Russell Mechem
Edición	2
Editor	Callaghan, 1890
Largo	751 páginas

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