(1) In actions brought against persons for usurpation of office, the judgment may determine the right of the defendant to hold the office. If a party plaintiff alleges that he is entitled to the office, the court may decide which of the parties is entitled to hold the office.
    (2) If judgment is rendered in favor of a party who is averred to be entitled to the office, he is entitled, after taking the oath of office, and executing any official bond which is required by law, to take the office. Such party shall be given all the books and papers in the custody of the defendant, or within his power, belonging to the office.

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Terms Used In Michigan Laws 600.4505

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • judgment: as used in this act , includes decree. See Michigan Laws 600.112
  • Plaintiff: The person who files the complaint in a civil lawsuit.