2025 Session
Last amended: 1986 session
§ 556.03 — Claimant to Have Office
Plain-Language Summary
If the court rules in favor of a person who is rightfully entitled to a public office, that person can take over the office. The court can order that the office, along with its books and papers, be turned over. The rightful officeholder can also sue for damages caused by the illegal occupant.
556.03 CLAIMANT TO HAVE OFFICE.
If judgment be rendered in favor of the person so alleged to be entitled, that person may assume the office, and, by order of the court, may be put in possession thereof, and of the books and papers belonging thereto, and may recover, by action, any damages sustained by reason of such usurpation.
History:
History: History: (9715) RL s 4549; 1986 c 444
Practical Notes
A successful claimant gets actual possession of the office and all its records. They can also recover money damages for any harm caused by the person who illegally held the position.