When the action is against a person for usurping, intruding into or unlawfully holding or exercising an office, the complaint shall set forth the name of the person who claims to be entitled thereto, with an averment of the person’s right thereto, and judgment may be rendered upon the right of the defendant, and also upon the right of the person so averred to be entitled, or only upon the right of the defendant, as justice requires.
NRS 35.060
Name of person entitled to office set forth in complaint; judgment may determine rights of both incumbent and claimant
Applied in 1 court decision — leading case Secretary of State v. STATE LEGISLATURE (2004)
Most recently applied in Secretary of State v. STATE LEGISLATURE (July 2004)
[1911 CPA § 719; RL § 5661; NCL § 9208]
Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.