Rights of person entitled to office or franchise

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  • (a) Several persons may be joined as defendants in an action for the causes specified in subdivision (1) of section 1172 of this title, and in such action their respective rights to such office or franchise may be determined.

  • (b) Whenever an action is brought against a person for any of the causes specified in subdivision (1) of section 1172 of this title, the United States attorney, in addition to the statement of the cause of action, may also separately set forth in the complaint the name of the person rightfully entitled to the office or franchise, with a statement of the facts constituting his rights thereto. In such case, judgment may be given upon the right of the defendant, and also upon the right of the person so alleged to be entitled, or only upon the right of the defendant as justice may require.

  • (c) If judgment is given upon the right of the person so alleged to be entitled, and the same is in favor of such person, he shall be entitled to the possession and enjoyment of such franchise, or to take upon himself the execution of such office, after qualifying himself as required by law, and to demand and receive the possession of all the books, papers, and property of whatever nature belonging thereto.

  • (d) If judgment is given upon the right and in favor of the person so alleged to be entitled, he may afterwards maintain an action to recover the damages which he may have sustained by reasons of the premises. In such action the defendant may be arrested and held to bail in the same manner and with the like effect as in other actions where the defendant is subject to arrest.


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