De Facto

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."

Actually; in fact; in deed. A term used to denote a thing actually done. An officer de facto is one who performs ment, but without being actually qualified in law so to act. Brown v. Lunt,.".7 Mo. 423. One who has the reputation of being the officer he assumes to be, and yet is not a good officer in point of law. 6 where Lord Ellenborougb and a full court of K. B. adopted this definition of Lord Holt in 1 Raym. 658, which it is said " been questioned since in England," per Butler, C. J., in the leading case of State v. roll, 38 Conn. 449, 9 Am. Rep. 409, where the common-law learning on the subject i lected. Where there is an office to be filled, and ling under color of authority fills the office and discharges its duties, Ins actions are those of an officer dc facto, and are binding on the public; Mc Dowell v. D. S., 159 U.. 16 Sup. Ct. Ill, 40 L. Ed. 271, 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 authority; 2 Kent 295. An officer dc facto is frequently considered an officer dc jure, and legal valid. lowed his official acts; State v. Anderson, 1

In fact, in deed, actually. This phrase is used to characterize an officer, a government, a past action or a state of affairs which exists actually and must be accepted for all practical purposes, but which is illegal or illegitimate. In this sense it is the contrary of de jure, which means rightful, legitimate, just or constitutional. Thus, an officer, king or government de facto ls one who is in actual possession of the office or supreme power, but by usurpation or without respect to lawful title; while an officer, king or governor de jure is one who has just claim and rightful title to the office or power, but who has never had plenary possession of the same or is not now in actual possession. 4 Bl. Comm. 77, 78. So a wife de facto is one whose marriage is voidable by decree, as distinguished from a wife de jure or lawfui wife, 4 Kent, Comm. S6. But the term is also frequently used independently of any distinction from de jure; thus a blockade de facto is a blockade which is actually maintained, as distinguished from a mere paper blockade. As to de facto "Corporation," "Court," "Domicile," "Covemment," and "Officer," see those titles.

In old English law. De facto means respecting or concerning the principal act of a murder, which was technically denominated factum. See Fleta, lib. 1, c. 27, § 18.

— De facto contract. One which has purported to pass the property from the owner to another. Bank v. Logan, 74 N. Y. 575; Edmunds v. Transp. Co., 135 Mass. 283.

In fact, in deed, actually. This phrase is used to characterize an officer, a government, a past action, or a state of affairs which exists and must be accepted for all practical purposes, but which is illegal or illegitimate. In this sense it is the contrary of de jure, which means rightful, legitimate, just, or constitutional. Thus, an officer, king, or government de facto is one who is in actual possession of the office or supreme power, but by usurpation, or without respect to lawful title; while an officer, king, or governor de jure is one who has just claim and rightful title to the office or power, but who has never had plenary possession of the same, or is not now in actual possession. (4 Bl. Comm. 77, 78.) So a wife de facto is one whose marriage is voidable by decree, as distinguished from a wife de jure, or lawful wife. (4 Kent, Comm. 36.) (As to the distinction between governments de facto and de jure, see Government. As to officers de facto, see that title.) But the term is also frequently used independently of any distinction from de jure; thus a blockade de facto is a blockade which is actually maintained, as distinguished from a mere paper blockade.

In old English law. De facto means respecting or concerning the principal act of a murder, which was technically denominated factum. See Fleta, lib. 1, c. 27, § 18.

Lat. [L. Fr. (f<j/ai7.] Of fact; from, arising out of, or founded on fact; in fact, in deed; in point of fact; actually, really. An ancient phrase still constantly used in law, in contradistinction to dejure, {of, or founded on right; by right;) and most commonly applied to persons whose titles or claims rest upon mere fact, without any reference to right, or in actual opposition to right or law. Thus, a king de facto is a king in possession, without any respect to his title; an usurper being thus distinguished from a king dejure, or rightful heir of the crown, who has never had plenary possession of the throne. 4 Bl. Com. 11, 78. 1 Id. 204. So, any public officer, who acts under color of office, by an election or appointment not strictly legal, or without having duly qualified himself, or by holding over after the expiration of his term, is called an officer de facto, as distinguished from the rightful claimant.* 2 Stra. 1090, 1091. 2 Kent's Com. 295, and note. 5 Wendel VsR. 231. 1 Gilmxif Cs (111.) R. 529. So, a wife de facto, whose marriage is voidable by decree, is distinguished from a wife dejure, or lawful wife. 4 Kent's Com. 36. This last application is of OTeat antiquity. Uxor dejure — uxores de facto. Bract, fol. 303. Femme de droit —femmee de fait et a tort. Britt. c. 107. Bracton applies it to convictions for felony, and to titles to land; using it in the latter sense as synonymous with ex facto, (q. v.) Bract, fol. 30 b, 172, 172 b.