Judicial And Statutory Definitions of Words And Phrases 2
Judicial And Statutory Definitions of Words And Phrases 2
West Publishing Company
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Beller, 18 N. Y. 115, 117; Mason v. Crabtree, 71 Ala. 479, 481; Richardson v. Crandall, 48 N. Y. 348, 361. The phrase "color of his office," as used in 2 Rev. St p. 286, § 66, providing that no sheriff or other officer shall take any bond, obligation, or other security by color of his office in any other case or manner than is provided by law, is always taken in the worst sense, and signifies an act evilly done by the countenance of an office. Morton v. Camp- bell (N. Y.) 14 Abb. Prac. 410, 413...; Id., 37 Barb. 179, 181. It "necessarily imports an illegal claim of right or authority to take the security or to do the act in question by vir- tue of his office, which claim is a mere claim of pretense on the part of the officer." Any instrument or agreement contemplating an act contrary to the duty of an officer, tending either to official corruption or to the injury of a party interested in the process, is void. Morton v. Campbell (N. Y.) 37 Barb. 179, 181. "Colorable" is defined as having the ap- pearance, especially the false appearance, of right; and a person acting as a posseman, under appointment by a deputy United States marshal, is acting under a "color of office." Virginia v.
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