 | United States. Supreme Court, William Cranch - Court rules - 1812 - 486 pages
...; and the commission may be arrested, if still in the office. But when the officer is not removable at the will of the executive, ' the appointment is...annulled. It has conferred legal rights which cannot be resumed.' The discretion of the executive is to be exercised until the appointment has been made. But... | |
 | Jonathan Elliot - United States - 1836 - 680 pages
...performance of which, perhaps, could not he legully refused, [bid. 22. Where the officer is not removable at the will of the executive, the appointment is not...annulled ; it has conferred legal rights which cannot be resumed. Ibid. 162. 23. The question whether the legality of the act of the heads of departments be... | |
 | John Marshall - Constitutional law - 1839 - 762 pages
...; and the commission may be arrested, if still in the office. But when the officer is not removable at the will of the executive, the appointment is not...annulled. It has conferred legal rights which cannot be resumed. The discretion of the executive is to be exercised until the appointment has been made. But... | |
 | United States. Congress. Senate - United States - 1852 - 920 pages
...revocable, and the commission may be arrested if still in the office. But when the officer is not removable at the will of the Executive, the appointment is not...annulled. It has conferred legal rights, which cannot be resumed. The discretion of the Executive is to be exercised until the appointment has been made. But... | |
 | Charles Gratiot - 1852 - 84 pages
...revocable, and the commission may be arrested if still in the office. But when the officer is not removable at the will of the Executive, the appointment is not...annulled. It has conferred legal rights, which cannot be resumed. The discretion of the Executive is to be exercised until the appointment has been made. But... | |
 | Edwin McMasters Stanton, Robert Sutton - 1852 - 52 pages
...removable at will, the act is at any time revocable. But when the officer is not removable at will, the appointment is not revocable, and cannot be annulled. It has conferred legal rights which cannot be resumed. Discretion is to be exercised until the appointment has been made. But the appointment being... | |
 | Connecticut. Supreme Court of Errors - Law reports, digests, etc - 1886 - 666 pages
...; and the commission may be arrested, if still in the office. But when the officer is not removable at the will of the executive, the appointment is not...annulled. It has conferred legal rights which cannot be resumed. The discretion of the executive is to be exercised until the appointment has been made. But... | |
 | Nathaniel Carter Towle - Constitutional history - 1861 - 460 pages
...the performance of which, perhaps, could not be legally refused. Where the officer is not removable at the will of the executive, the appointment is not...annulled ; it has conferred legal rights which cannot be resumed. Marbury v. Madison, 1 Cranch, 137-162. He may fill, during the recess of the Senate, a vacancy... | |
 | Andrew Johnson - Impeachments - 1868 - 312 pages
...no cuuseiuienre, because tlie act is at any time revokable ; but when the otlicer is not removable at the will of the Executive, the appointment is not revocable and cannot be annulled. liavmg once imtde the appointment, his poorer over the otlice is terminated in all cases when by the... | |
 | Andrew Johnson - Impeachments - 1868 - 532 pages
...of no consequence, because the act is at any time revocable. But where the officer is not removable at the will of the Executive, the appointment is not revocable and caunot be annulled. Having once made the appointment, his power over the office is terminated in all... | |
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Where an officer is removable at the will of the executive, the circumstance which completes his appointment is of no concern, because the act is at any time revocable; and the commission may be arrested, if still in the office. But when the officer is... 
