9 Johns. 135 | N.Y. Sup. Ct. | 1812
There is no ground for the objection that the proceedings before the justice were coram non judice, because he was a priest, or minister of the gospel. It was not true in point of fact; for the allegation is expressly contradicted in the return, and if it were not so, it might well be questioned whether the court could take notice of such an objection, in this way, since we are to intend that the justice acted under a regular commission ; and he has not been put to answer for an unconstitutional exercise of power. The acts of officers de facto, are often valid, as far as they concern the public and the rights of third persons. The only real question in the case is, whether the law arising upon the facts would warrant the verdict. There were circumstances
Judgment affirmed.