Judgment for Claimant to Office

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If judgment is rendered in favor of such claimant, the court may order the defendant to deliver to the claimant, upon the claimant's qualifying as required by law, all books and papers belonging to the office in defendant's custody, or under defendant's control, and such claimant may thereupon proceed to exercise the functions of the office.

Code 1858, § 3420; Shan., § 5176; Code 1932, § 9347; T.C.A. (orig. ed.), § 23-2805.

Cited: State ex rel. Curry v. Wright, 52 Tenn. 612, 1871 Tenn. LEXIS 292 (1871).

Collateral References. 67 C.J.S. Officers §§ 83-85, 88.


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