de facto public officer

Summarily defined as one who has the reputation of being the officer he assumes to be, and yet is not a good officer in point of law. Comprehensively defined as a person exercising the duties of the office (1) without a known appointment or election, but under such circumstances of reputation or acquiescence as were calculated to induce people, without inquiry, to submit to or invoke his action, supposing him to be the officer he assumed to be; (2) under color of a known and valid appointment or election, but where the officer had failed to conform to some precedent, requirement, or condition, as to take an oath, give a bond, or the like; (3) under color of a known election or appointment, void, because the one elected or appointed was not eligible, or because there was a want of power in the electing or appointing body, or by reason of some defector irregularity in its exercise, such ineligibility, want of power, or defect being unknown to the public; (4) under color of an election or appointment by or pursuant to a public, unconstitutional law, before the same is adjudged to be such. 43 Am J1st Pub Of § 471.