REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.4511 Usurpation of office; damages.
Sec. 4511.
When an action is brought against a person for usurping an office and the person rightfully entitled to the office is a party and avers his right to it, and judgment is rendered in his favor, he is entitled to any damages sustained because of the usurpation by the defendant of the office from which the defendant has been evicted. The claim for damages may be joined with the claim for quo warranto, or brought separately within 1 year after the judgment in the action for quo warranto.
History: 1961, Act 236, Eff. Jan. 1, 1963
Notes of Decisions
Cited in
3
cases (
1 in the last 5 years), 2009–2024 · leading case:
In Re Servaas, 774 N.W.2d 46 (Mich. 2009).
In Re Servaas, 774 N.W.2d 46 (Mich. 2009).
· cites it 8× “4505, and further supported by MCL 600.4511 and MCL 600.4515, an action for quo warranto is most frequently the procedure employed to resolve conflicting claims to office.”
Barrow v. Detroit Mayor, 802 N.W.2d 658 (Mich. Ct. App. 2010).
“4515, a court may award costs and may fine a defendant “found or adjudged guilty of usurping or intruding into or unlawfully holding or exercising any office .”
20241122_C371299_39_371299.Opn.Pdf (Mich. Ct. App. 2024).
“MCL 600.4501(1). The Legislature recognized that an action for quo warranto normally applies to determine who holds title to public office, a public franchise, or a public privilege.”
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