Effect of Failure to Take and File Oath Upon Validity of Official Acts

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The official acts of an officer shall be valid regardless of his omission to take and file the oath, except in cases where so specially declared.

(Orig. Code 1863, § 142; Code 1868, § 137; Code 1873, § 147; Code 1882, § 147; Civil Code 1895, § 242; Civil Code 1910, § 277; Code 1933, § 89-310.)

OPINIONS OF THE ATTORNEY GENERAL

Official actions not invalidated for failure to take oath.

- Failure of a deputy to take the required oath does not render the deputy's acts taken under color of office to be invalid, inasmuch as notwithstanding the deficiency, the deputy is still a "de facto officer"; the same rule applies where the deficiency is a failure to furnish bond. 1965-66 Op. Att'y Gen. No. 66-211.

RESEARCH REFERENCES

ALR.

- Right of de facto officer to salary or other compensation annexed to office, 151 A.L.R. 952.

Presumption and burden of proof as to one's status as a de facto officer upon which validity or effect of his act depends, 161 A.L.R. 967.


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