(a) When the action is commenced against a person for usurping an office, the name of the person rightly entitled to the office, with a statement of his right thereto, may be added, and, when added, judgment may be entered upon the right of the defendant and also upon the right of the party so alleged to be entitled or only upon the right of the defendant, as justice may require.
(b) If judgment is entered upon the right of the person so alleged to be entitled and the same is in favor of such person, he is entitled, after taking the oath of office and executing such official bond as may be required, to take upon himself the execution of the office, and it is his duty, immediately thereafter, to demand of the defendant all the books, papers, and property in his custody, or within his power, belonging to the office. On refusal or neglect to deliver over the same, he may be proceeded against as is prescribed by the provisions of this Code to compel the delivery of books, papers, property, and money by public officers to successors.
Structure Code of Alabama
Section 6-6-591 - Right of Action and Venue - Usurpation, etc., of Office or Franchise, Etc.
Section 6-6-592 - Complaint to Be Clear and Concise.
Section 6-6-594 - Joinder - Alleged Corporation as Party Defendant.
Section 6-6-595 - Joinder - Informant.
Section 6-6-596 - Effect of Informant's Death.
Section 6-6-598 - Validity of Election Not Triable.
Section 6-6-599 - Judgment - Dissolving Corporation and Excluding Same From Corporate Rights, Etc.
Section 6-6-601 - Costs - Assessment.
Section 6-6-602 - Costs - Liability of Informant's Sureties.