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" an employment," it does not follow that every employment is an office. A man may certainly be employed under a contract, express or implied, to do an act, or perform a service, without becoming... "
Report of Cases Argued and Determined in the Court of Appeals of Alabama - Page 227
by Alabama. Court of Appeals, Lawrence H. Lee - 1916
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - Constitutional law - 1839 - 762 pages
...fortifications to be constructed. Is the agent of fortifications an officer of the United States ? An office is defined to be " a public charge or employment.''...who performs the duties of the office is an officer. If employed on the part of the United States, he is an officer of the United States. Although an office...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 185

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1916 - 806 pages
...employment in the case of United States v. Maurice, 2 Brock. (US) 96, 103 Fed. Cas. No. 15,747, as follows: "Although an office is an 'employment,' it does not...follow that every employment is an office. A man may be certainly employed under a contract, express or implied, to do an act, or perform a service, without...
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Reports from the Court of Claims Submitted to the House of ..., Volume 3

United States. Court of Claims - Law reports, digests, etc - 1858 - 998 pages
...Justice Marshall to be satisfied of tin's. In the United States vs. Maurice, (2 Brock., j03,) he says, " an office is defined to be a public charge or employment, and he who performs the duty of an office is an officer. If employed on the part of the United States, he is an officer of...
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Journal of the Indiana State Senate ... of the General Assembly, ..., Volume 43

Indiana. General Assembly. Senate - Indiana - 1863 - 850 pages
...Reports, p. 96, inquires: " Is the Agent of Fortifications an officer of the United States?" and says, " An office is defined to be a public charge or employment, and he who performs the duties of an office is an officer. If employed on the part of the United States, he is an officer of the United...
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A Practical Treatise on the Power to Sell Land for the Non-payment of Taxes ...

Robert S. Blackwell - Tax-sales - 1864 - 724 pages
...principles is necessary, in order to determine the question, especially as the authorities are conflicting. An office is defined to be, a public charge or employment ; and he who performs the duties of that office, is an officer.2 There is no such thing known to the law as an office de facto,3 nor can...
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A Practical Treatise on the Power to Sell Land for the Non-payment of Taxes ...

Robert S. Blackwell - Tax-sales - 1869 - 740 pages
...principles is necessary, in order to determine the question, especially as the authorities are conflicting. An office is defined to be, a public charge or employment ; and he who performs the duties of that office is an officer.2 There is no such thing known to the law as an office de facto,3 nor can...
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A Practical Treatise on the Power to Sell Land for the Non-payment of Taxes ...

Robert S. Blackwell - Tax-sales - 1869 - 738 pages
...order to determine the question, especially as the authorities are conflicting. An office is denned to be, a public charge or employment ; and he who performs the duties of that office is an officer.2 There is no such thing known to the law as an office de facto? nor can...
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Reports of Cases Argued and Determined in the District Courts of ..., Volume 2

Robert Dewey Benedict, Benjamin Lincoln Benedict - Law reports, digests, etc - 1870 - 624 pages
...Third. Why is he not an officer ? Chief Justice Marshall (United States v. Maurice, 2 Brock. 103) says: "An office is defined to be a public charge or employment,...who performs the duties of the office is an officer. If employed on the part of the United States, he is an officer of the United States. Although an office...
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Documents Accompanying the Journal, Part 1

Michigan. Legislature. Senate - Michigan - 1871 - 1004 pages
...nullity. This eminent judge says: "Is the agent of fortifications an officer of the United States? An office is defined to be 'a public charge or employment,'...who performs the duties of the office is an officer. If employed on the part of th. United States, he is an officer of the United States. Although an office...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 28

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1905 - 618 pages
...Brock. 103, Chief Justice Marshall defines what he understands an office to be, as follows: "It is a public charge or employment, and he who performs the duties of the office Dull v. Mining Co. is an officer. If employed -on the part of the United States, he is an officer of...
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