60-1203. Name in which action prosecuted; damages.
60-1203
60-1203. Name in which action prosecuted; damages.Where the action is brought by a person claiming an interest in anoffice, franchise or corporation, or claiming an interest adverse to aresolution, ordinance, franchise, gift or grant, which is the subject ofthe action, it shall be prosecuted in the name and under the direction ofsuch person, otherwise it shall be prosecuted in the name of the state bythe attorney general or county attorney. Whenever the action is brought bythe attorney general or the county attorney against a person for usurpingan office, the petition shall state the name of the person rightfullyentitled to the office. When the action in such case is brought by theperson claiming title, such person may claim and recover any damage he or she may havesustained.
History: L. 1963, ch. 303, 60-1203; Jan. 1, 1964.