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.