In case the proceedings be on the relation of a person claiming to be entitled to an office, the ground of his claim shall be stated by proper averment, and judgment shall be rendered according to the rights of the respective claimants; and, if it be in favor of the relator, he shall be entitled to the office on qualifying according to law, and may recover of the defendant in an action all damages that may have accrued in consequence of withholding the office from him.
Miss. Code Ann. § 11-39-5
Trial of right to office
Applied in 1 court decision — leading case Barlow v. Weathersby (1992)
Most recently applied in Barlow v. Weathersby (April 1992)
Codes, 1857, ch. 35, art. 18; 1871, § 1497; 1880, § 2587; 1892, § 3522; 1906, § 4019; Hemingway’s 1917, § 3014; 1930, § 3055; 1942, § 1122.
Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.