De Facto Officers
De Facto Officers
From the book The Clergyman’s Hand-book of Law, about De Facto Officers (1): The acts of de facto officers can not usually be questioned in a collateral proceeding, such as to set aside a conveyance, when the merits of the question do not involve the election.301 Being elected does not alone make a person a de facto officer; but he must also be acting in the particular office to which he claims to have been elected.302 But one who has entered into a contract with the officers of a congregation is estopped from denying their authority to make such contract.303
Resources
Notes and References
- Charles M. Scanlan, The Clergyman’s Hand-book of Law. The Law of Church and Grave (1909), Benziger Brothers, New York, Cincinnati, Chicago
See Also
- Religion
- Church
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