2025 Session
Last amended: 1986 session
§ 556.02 — Usurping Office; Complaint; Judgment
Plain-Language Summary
When the attorney general sues someone for illegally holding a public office, the complaint can also name the person who is rightfully entitled to the office. The court can rule on both the defendant's lack of right and the rightful claimant's entitlement.
556.02 USURPING OFFICE; COMPLAINT; JUDGMENT.
When such action is brought against a person for usurping an office, the attorney general, in addition to the statement of the cause of action, may also set forth in the complaint the name of the person rightfully entitled to the office, and by what right; and in every such case judgment may be rendered upon the right of the defendant, and also upon that of the person so alleged to be entitled, if justice shall require.
History:
History: History: (9714) RL s 4548; 1986 c 444
Practical Notes
This provision allows the court to resolve an office dispute completely in one case by determining both who should not hold the office and who should. This avoids the need for separate lawsuits.