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functus officio

Definitions from Case Law · United States Supreme Court

Definitions from Case Law

From 74 U.S. 306 - Edmonson v. Bloomshire · 1868Most cited · 53 citing opinions

the writ of error, like all other common law writs, becomes functus officio unless some return is made to it during the term of court to which it is returnable

How often courts cite the cases defining “functus officio”

18201850190019502000202040

Court decisions citing the 2 opinions that defined “functus officio” — 264 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.

All 2 definitions, chronological · 1828–1868

  1. ORIGINAL

    We are of opinion he acted ministerially, and not judicially, in the matter. Until his certificate of the acknowledgment of Elliott and wife was recorded, it was, in its nature, but an act in pais, and alterable at the pleasure of the officer. But the authority of the clerk to make and record a certificate of the acknowledgment of the deed, was functus officio, as soon as the record was made. By the exertion of his authority, the authority itself became exhausted.

    clerk's certificate