Naming Proper Claimant to Office — Adjudication of Rights

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Whenever the action is brought against a person for usurping an office, in addition to the other allegations, the name of the person rightfully entitled to the office, with a statement of that person's right thereto, may be added, and the trial should, if practicable, determine the right of the contesting parties.

Code 1858, § 3419; Shan., § 5175; Code 1932, § 9346; T.C.A. (orig. ed.), § 23-2804.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 507.

Tennessee Jurisprudence, 3 Tenn. Juris., Assignments, § 12.


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