12-2044
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12-2044. Adjudication of office; damages; several claimants A. When the action involves the right to an office, the complaint shall show the one who is entitled to the office, and the issues made thereon shall be tried. The judgment given shall adjudge who is entitled to the office. If judgment is given awarding the right to the office to the person alleged to be entitled thereto, he may recover the damages which he has sustained by reason of the usurpation of the office by defendant. B. When several persons claim the same office or franchise, one action may be brought against all such persons to try their rights to the office or franchise. |