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" ... it is not, in general, necessary to prove the written appointments of public officers. All who are proved to have acted as such are presumed to have been duly appointed to the office, until the contrary appears... "
Reports of Cases in Law and Equity, Argued and Determined in the Supreme ... - Page 219
by Georgia. Supreme Court - 1857
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A Treatise on the Law of Evidence

Samuel March Phillipps - Evidence (Law) - 1838 - 1358 pages
...the contents were misrepresented, there would be obvious means of exposing the fraud or error. (2) It is not, in general, necessary to prove the written appointments of public officers ; for this would be attended with general inconvenience, and a strong presumption arises from the (1)...
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The Law of Nisi Prius, Evidence in Civil Actions, and Arbitration ..., Volume 2

Archibald John Stephens - Arbitration and award - 1842 - 1072 pages
...maker to A., for it might have been given to a third person, and by him to A. (5) " All public officers who are proved to have acted as such, are presumed...been duly appointed to the office, until the contrary is shewn." (6) The fact of a person acting in an official capacity as a surrogate, is primd facie evidence...
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A Digest of the Reported Decisions of the Superior Court of the ..., Volume 1

Law reports, digests, etc - 1852 - 890 pages
...the appointment to it is valid, renders it, in general, unnecessary to prove the written appointment of public officers. All, who are proved to have acted...as such, are presumed to have been duly appointed, until the contrary appear. There is an exception to this rule, where the officer, being plaintiff,...
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Irish Common Law Reports: Reports of Cases Argued and Determined ..., Volume 5

Law reports, digests, etc - 1857 - 646 pages
...Law Rep. 10. v. Al*ton(a), the rule laid down by Parke, B., is, "that all public MT 1854. "officers who are proved to have acted as such are presumed to have J ™' "been duly appointed to the office, until the contrary is shown ;" so LEON*RD also in Cannell...
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Reports of Cases in Law and Equity in the Supreme Court of the State of New York

Oliver Lorenzo Barbour - Law reports, digests, etc - 1863 - 732 pages
...must support the entire allegation." Phillips, in his Treatise on Evidence, (vol. 1,p. 432,) says : " It is not in general necessary to prove the written appointments of public officers ; for this would be attended with general inconvenience, and a strong presumption arises from the exercise...
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A Treatise on the Law of Evidence, Volume 1

Simon Greenleaf - Evidence (Law) - 1866 - 756 pages
...presumption arising from the undisturbed exercise of a public office, that the appointment to it is valid, it is not, in general, necessary to prove the written...appointed to the office, until the contrary appears ; 8 and it is not material how the question arises, whether in a civil or criminal case, nor 1 Dalison...
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Reports of Cases in Law and Equity, Determined in the Supreme ..., Volume 30

Iowa. Supreme Court - Law reports, digests, etc - 1872 - 660 pages
...was and had been acting as a justice of the peace, de facto, is admissible, and when shown he will be presumed to have been duly appointed to the office until the contrary appear. Appeal from General Term, Nimth District (Grundy County). ' FRIDAY, JANUARY 27. ACTION by plaintiff...
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The Central Law Journal, Volume 9

Law - 1879 - 540 pages
...heir is good as against the unrecorded deed from the ancestor. HL No. 26. [9 Cent. LJ 239.] It is uot in general necessary to prove the written appointments...appointed to the office until the contrary appears (Wllcox v. Smith, 5 Wend. 231 ; Plymouth v. Painter, 17 Conn.; Burke v. Elliott, 4 Ired. 366; McCoy...
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Southern Law Review and Chart of the Southern Law and Collection Union, Volume 1

Law - 1872 - 940 pages
...to inferior as well as superior tribunals: Londegan vs. Hummer, 30 Iowa, 507. when shown he will be presumed to have been duly appointed to the office, until the contrary appear: Id. PAROL. — See DEED, 1, 2, 3. PARTIES. 1. An indorser, in full, of a promissory note payable...
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Digest of the Decisions of the Supreme Court of Iowa: From the ..., Volume 2

Thomas Foster Withrow, Edward Holcomb Stiles - Law reports, digests, etc - 1875 - 724 pages
...was and had been acting as a justice of the peace, de facto, is admissible, and when shown he will be presumed to have been duly appointed to the office until the contrary appear. Londegan v. Hammer, 30 Iowa, 508. TV. COMPENSATION. 85. Neglect of duty. When the statute providing...
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