Monahan v. Lynch
Monahan v. Lynch
Opinion of the Court
Since it is admitted that Valdez is a regularly incorporated town, it follows that the office of a councilman is a de jure office. Norton v. Shelby Co., 118 U. S. 425, 6 Sup. Ct. 1121, 30 L. Ed. 178. The acts of the defendant councilmen'are admittedly legal if performed by those legally elected. There are no other persons claiming the offices. The incumbrances are in possession of them, and all the insignia belonging thereto, and acting under .color of right in relation to matters peculiarly within the jurisdiction of town councilmen. It follows that at the time they
The Statutes of Alaska provide a plain, speedy, and adequate remedy at law for challenging the title of an officer to his seat upon the information of the United States District Attorney, or upon the relation of a private party against the alleged usurper.' Section 340 of the Code of Civil Procedure. Until such direct attack is successful, the court will sustain the acts of a de facto officer. The injunction will be denied.
Reference
- Full Case Name
- MONAHAN v. LYNCH
- Status
- Published