CHAPTER 5. Actions for the Usurpation of an Office or Franchise

Chapter 5 enacted 1872.

§§ 802–811 · 10 sections

• § 802 The writ of sire facies is abolished.
• § 803 An action may be brought by the attorney-general, in the name of the people of this state, upon his own information, or upon a complaint of a private party,…
• § 804 Whenever such action is brought, the Attorney General, in addition to the statement of the cause of action, may also set forth in the complaint the name of the…
• § 805 In every such action judgment may be rendered upon the right of the defendant, and also upon the right of the party so alleged to be entitled, or only upon the…
• § 806 If the judgment be rendered upon the right of the person so alleged to be entitled, and the same be in favor of such person, he will be entitled, after taking…
• § 807 If judgment be rendered upon the right of the person so alleged to be entitled, in favor of such person, he may recover, by action, the damages which he may…
• § 808 When several persons claim to be entitled to the same office or franchise, one action may be brought against all such persons, in order to try their respective…
• § 809 When a defendant, against whom such action has been brought, is adjudged guilty of usurping or intruding into, or unlawfully holding any office, franchise, or…
• § 810 If the action is brought upon the information or application of a private party, the Attorney General may require that party to enter into an undertaking, with…
• § 811 The action provided for in this chapter may be maintained by the board of supervisors of any county or city and county or the legislative body of any municipal…