Summary
In Cohn v. Beal, 61 Miss. 398, the court held that there could not be a de facto and also a de jure officer holding and exercising the functions of an office at the same time, and that there could not be two de facto incumbents of an office at the same time, and where two are acting simultaneously, each under claim of right, the acts of the one who has the legal right to the office will be recognized.
Summary of this case from Day v. McCandlessOpinion
No. 2293.
October 3, 1928.
Appeal from the District Court of the United States for the District of Massachusetts; James M. Morton, Jr., Judge.
Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.
Upon stipulation, it is ordered that this case be, and the same hereby is, docketed and dismissed, without costs, and that mandate issue forthwith.