784.09 – Relator to take office and demand books.
784.09 Relator to take office and demand books. If judgment is in favor of the person alleged to be entitled the person is entitled, after taking the oath of office and executing the official bond required by law, to assume the execution of the office. It is the person’s duty immediately thereafter to demand of […]
784.05 – When defendant held to bail.
784.05 When defendant held to bail. If the action is brought against a person for usurping an office, the attorney general or person complaining, in addition to the statement of the cause of action, may also set forth in the complaint the name of the person rightfully entitled to the office, with a statement of […]
784.06 – Pleading.
784.06 Pleading. In an action brought to determine the right to any office, in every case where the defendant has the official certificate of election to the office, the complaint shall state in what respect such certificate was improperly or illegally issued; and if any party claims that illegal votes were cast at the election […]
783.13 – Judgment if return adopted.
783.13 Judgment if return adopted. If the party to whom such first writ of prohibition shall be directed shall adopt the return of the court thereto, as above provided, and judgment shall be rendered for the party prosecuting such writ, a prohibition absolute shall be issued; but if judgment be given against such party a […]
784.01 – Remedy by civil action; forms.
784.01 Remedy by civil action; forms. The remedies heretofore obtainable by writs of scire facias and quo warranto and by proceedings by information in the nature of quo warranto may be obtained by civil action, and it shall not be necessary to sue out such writs in form; but this section shall not prevent the […]
784.02 – How tried.
784.02 How tried. In actions of quo warranto and scire facias, the court may summon a jury and prescribe the manner of summoning the jury. History: 1977 c. 449; 1979 c. 32 s. 61; Stats. 1979 s. 784.02.
784.03 – Relator, when to be joined as plaintiff.
784.03 Relator, when to be joined as plaintiff. When an action shall be brought by the attorney general by virtue of this chapter, on the relation or information of a person having an interest in the question, the name of such person shall be joined with the state as plaintiff. History: 1979 c. 32 s. […]
784.04 – When action may be brought.
784.04 When action may be brought. (1) An action may be brought by the attorney general in the name of the state, upon his or her own information or upon the complaint of any private party, against the parties offending in the following cases: (a) When any person shall usurp, intrude into or unlawfully hold […]
783.08 – Writs of prohibition, how issued.
783.08 Writs of prohibition, how issued. Writs of prohibition issued out of the supreme court shall be applied for upon relation or affidavits filed in the same manner as for writs of mandamus; and if the cause shown shall appear to the court to be sufficient a writ shall be thereupon issued, which shall command […]
783.09 – Service and return of.
783.09 Service and return of. Such writ shall be served upon the court and party to whom it shall be directed in the same manner as a writ of mandamus; and a return shall in like manner be made thereto by such court, which may be enforced by attachment. History: 1979 c. 32 s. 60; […]