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public office

Defined in 2 dictionaries — Case Law, Bouvier (1914)

Definitions from Case Law

From 293 U.S. 214 - Helvering v. Powers · 1934Most cited · 276 citing opinions

The term 'public office' undoubtedly implies a definite assignment of public activity, fixed by appointment, tenure, and duties.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

Where, by virtue of law, a person is clothed, not as an incidental or transient authority, but for such time as denotes duration and continuance, with independent power to control the property of the public, or with public functions to be exercised in the supposed interest of the people, the service to be compensated by a stated yearly salary, and the occupant having a designation or title, the position so created is a public office. State v. Brennan, 49 Ohio St. 33, 29 N. E. 593. Where a board of public officials is a continuing body, as is the case of the state board of election in Indiana, a suit will be continued against the successors in office of 92, 58 L. Ed. —; Murphy v. Utter, 186 U. S. 95, 22 Sup. Ct 776; 46 L. Ed. 1070. See Officer.