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De Facto

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

Actually; in fact; In deed. A term used to denote a thing actually done. An officer de facto is one who performs the duties of an office with apparent right, and under claim and color of an appointment, but without being actually qualified in law so to act.

37 Me. 423.

See "Ofiicer." An officer In the actual exercise of executive power would be an officer de facto, and as such distinguished from one who, being legally entitled to such power, is deprived of it; such a one being an officer de jure only. An officer holding without strict legal authority.

2 Kent, Comm. 295.

An officer de facto is frequently considered an officer de jure, and legal validity allowed his official acts. 10 Serg. & R. (Pa.) 250; 11 Serg. & R. (Pa.) 411; 1 Coxe (N. J.) 318; 10 Mass. 290; 15 Mass. 180; 6 Pick. (Mass.) 487; 25 Conn. 278; 5 Wis. 308; 24 Barb. (N. Y.) 587; 37 Me. 423; 19 N. H. 115; 2 Jones (N. C.) 124; 2 Swan (Tenn.) 87. _ An officer de facto is prima facw one ae jure.

21 Ga. 217.

A wife de facto only is one whose marriage is voidable by decree. 4 Kent, Comm. Oft Blockade de facto is one actually maintained.

1 Kent, Comm. 44 et seq.

A corporation is a de facto corporation where there is a law authorizing such a corporation, and where the company has made an effort to organize under law and is trans- DE FALSO JUDrCIO. Writ of false judgment.

Reg. Orig. 15; Pitzh. Nat. Brev. 18.

See "False Judgment."

See False Judgment.