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32-13 Actions in Place of Scire Facias and Quo Warranto

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CHAPTER 32-13ACTIONS IN PLACE OF SCIRE FACIAS AND QUO WARRANTO32-13-01. Remedies obtainable by action instead of writ. The remedies formerlyattainable by the writ of scire facias, the writ of quo warranto, and proceedings by information in<br>the nature of quo warranto may be obtained by civil action in the district court under the<br>provisions of this chapter.32-13-02.Who plaintiff.When an action under this chapter is prosecuted by theattorney general, the state of North Dakota shall be plaintiff. When it is prosecuted by a private<br>person, such person shall be the plaintiff therein and the proceedings in such action shall be the<br>same as in an action by a private person, except as otherwise specially provided.32-13-03.Who may bring action against usurping officer.An action may becommenced by the state, or any person who has a special interest in the action, against the<br>parties offending in the following cases:1.When any person shall usurp, intrude into, or unlawfully hold or exercise any public<br>office, civil or military, or any franchise within this state, or any office in a corporation<br>or limited liability company created by the authority of this state.2.When any public officer, civil or military, shall have done or suffered an act which by<br>the provisions of law shall make a forfeiture of the officer's office.3.When any association or number of persons shall act within this state as a<br>corporation without being duly incorporated or as a limited liability company without<br>being duly organized.32-13-04. Security for costs from private party. Before commencing an action underthis chapter at the request of a party having an interest therein, the attorney general may require<br>as a condition of commencing the same that satisfactory security be given to indemnify the state<br>against costs and expenses which may be incurred therein.32-13-05. Complaint for usurping office - Arrest of defendant. The complaint in anaction commenced against a person for usurping an office in addition to the statement of the<br>claim for relief also may set forth the name of the person rightfully entitled to the office with a<br>statement of that person's right thereto, and in such case, upon proof by affidavit that the<br>defendant has received fees or emoluments belonging to the office and by means of the<br>defendant's usurpation thereof, an order may be granted by the judge of the court for the arrest of<br>such defendant.32-13-06. What judgment shall include. In every action against a person for usurpingan office, judgment shall be rendered upon the right of the defendant and also upon the right of<br>the person alleged to be entitled to the office or only upon the right of the defendant, as justice<br>shall require.32-13-07. When claimant takes office. If judgment is rendered upon the right of theperson alleged to be entitled to the office and the same is in favor of such person, that person<br>shall be entitled, after taking the oath of office and executing such official bond as may be<br>required by law, to begin the execution of the office, and it shall be that person's duty<br>immediately thereafter to demand of the defendant in the action all the books and papers in the<br>defendant's custody or within the defendant's power, belonging to the office from which the<br>defendant shall have been excluded.32-13-08. Refusal to deliver - Punishment. If the defendant refuses or neglects todeliver any of the books or papers demanded, as prescribed in section 32-13-07, the defendant<br>is guilty of a class B misdemeanor, and the court, or a judge thereof, by order, may put the<br>person entitled to the office in possession thereof and of all the books and papers belongingPage No. 1thereto, and any party refusing to deliver the same, when ordered as aforesaid, shall be punished<br>as for a contempt.32-13-09.Damages for usurpation.If judgment is rendered upon the right of theperson alleged to be entitled to the office in favor of such person, that person may recover by<br>action the damages which that person shall have sustained by reason of the usurpation by the<br>defendant of the office from which such defendant has been excluded.32-13-10. Joinder of several claimants. When several persons claim to be entitled tothe same office or franchise, one action may be brought against all such persons, in order to try<br>their respective rights to such office or franchise.32-13-11. Judgment against intruder. When a defendant against whom an action shallhave been commenced shall be adjudged guilty of usurping, intruding into, or unlawfully holding<br>or exercising any office, franchise, or privilege, judgment shall be rendered that the defendant be<br>excluded from such office, franchise, or privilege and also that the plaintiff recover costs against<br>the defendant.Page No. 2Document Outlinechapter 32-13 actions in place of scire facias and quo warranto