35.010 - Action in name of State against public officer, association or usurper of public office or franchise.

35.010  Action in name of State against public officer, association or usurper of public office or franchise.  A civil action may be brought in the name of the State:

      1.  Against a person who usurps, intrudes into, or unlawfully holds or exercises, a public office, civil or military, except the office of Assemblyman, Assemblywoman or State Senator, or a franchise, within this state, or an officer in a corporation created by the authority of this state.

      2.  Against a public officer, civil or military, except the office of Assemblyman, Assemblywoman or State Senator, who does or suffers an act which, by the provisions of law, works a forfeiture of the office.

      3.  Against an association of persons who act as a corporation within this state without being legally incorporated.

      [1911 CPA § 714; RL § 5656; NCL § 9203]—(NRS A 1971, 660)