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Ohio requirements for cert. of oath and bonds,R.C 3.23
In my venture of finding a Common Pleas court judges Oath of office I thought this information to be important to most in the State of Ohio, but may be of importance to other States also, first go to the the clerk of court the judge is presiding in armed with all the attachments included here request a certificate of fact when they can't find the cert. oath, (chances are you might not get it at that level) then if you don't get the satisfaction at that level make a request in writing to the Ohio Supreme court, call the human recources dept. talk to them the request can be faxed in. I have also included some cases thanks to David Merrill and IndioOO7 from "foreclosure help in default" thread that may help out.
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Thanks to David Merrill
A de facto officer is one who actually assumes and exercises the duties of a public office under color of a known and authorized appointment, but who has failed to comply with all of the requirements and conditions by law prescribed as a precedent to the performance of the duties of the office. (People v. Cradlebaugh (1914) 24 Cal.App.489, 491 [a deputy sheriff who had been appointed by the sheriff and had taken the oath of office, but who had not filed his appointment with the county clerk, was a de facto officer].) Actions of a de facto officer exercising the functions of the office lawfully and with the acquiescence of the public ... within the scope and by the apparent authority of office ... [are] valid and binding as if he were the officer legally ... qualified for the office and in full possession of it.[Citations.] (Marine Forests Society v. California Coastal Com. (2005) 36 Cal.4th 1, 54, quoting In re Redevelopment Plan for Bunker Hill (1964) 61 Cal.2d 21, 42, original...
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Thanks to IndioOO7
An 'officer de facto' is one whose acts, though not those of a lawful officer, the law, upon principles of policy and Justice, will hold valid, so far as they involve the interests of the public and third persons, where the duties of the office were exercised
(1) without a known appointment or election, but under such circumstances of reputation or acquiescence as were calculated to induce people, without inquiry, to submit to or invoke his action, supposing him to be the officer he assumed to be;
(2) under color of a known and valid appointment or election, but where the officer failed to conform to some precedent requirement or condition, as to take an oath, give a bond, or the like;
(3) under color of a known election or appointment, void because there was a want of power in the electing or appointing body, or by reason of some defect or irregularity in its exercise, such ineliglbillty, want of power, or defect being unknown to the public ;
(4) under color of an election or appointment by, or pursuant to, a public unconstitutional law
before the same Is adjudged to be such."
Usher v. Western Union Telegraph Co. (Mo.)
98 S. W. 85, 99 (quoting and adopting the
definition in State v. Carroll, 38 Conn. 449,
9 Am. Rep. 409); Henry v. Commonwealth,
103 S. W. 371, 372, 126 Ky. 357 (quoting and
adopting definition In Mechem, Pub. On*. §
318); Oakland Paving Co. v. Donovan, 126
Рас. 388, 391, 19 Cal. App. 488; Heard v.
Elliott, 92 S. W. 704, 765, 116 Tenn. 150 (quoting
and adopting definition in State v. Carroll,
38 Conn. 449, 9 Am. Rep. 409).
Last edited by free*to*be*me : 09-23-2008 at 12:27 PM.
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