Official actions not invalidated for failure to take oath.

- The validity of an election held at the proper time and place by qualified persons is not affected by their failure to take and subscribe the oath required by law, unless it appears that by reason of such failure the result of the election was different from what it would have been had the managers been duly sworn. King v. County Bd. of Educ., 174 Ga. 685, 164 S.E. 52 (1932).

Liability of surety unaffected by failure to take oath.

- The official bond given by a sheriff, conditioned for the faithful performance of the duties of office, obligates the surety thereon for any breach of official duty by the sheriff's deputies, and this includes deputies de facto. Powell v. Fidelity & Deposit Co., 45 Ga. App. 88, 163 S.E. 239 (1932).

De facto officer's acts cannot be collaterally attacked.

- Defendant's contention that notaries public lacked authority because they had not taken oath of office and were therefore invalidly appointed is refuted by O.C.G.A. § 45-3-10; and the case law in this state is in accord on a de facto officer theory that by proof of officer's acts the office is proven, and as a de facto officer those acts cannot be collaterally attacked and set aside. Little v. State, 157 Ga. App. 462, 278 S.E.2d 17 (1981).

Cited in King v. County Bd. of Educ., 42 Ga. App. 563, 156 S.E. 710 (1931); Philpot v. Wells, 69 Ga. App. 489, 26 S.E.2d 155 (1943); Barrett v. Slagle, 214 Ga. 650, 106 S.E.2d 908 (1959); Mach v. State, 109 Ga. App. 154, 135 S.E.2d 467 (1964); Westley v. State, 143 Ga. App. 344, 238 S.E.2d 701 (1977).

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.

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.