Nevada Revised Statutes

Nev. Rev. Stat. § 35.050 (2026)

Action for usurpation by claimant in name of State; bond

✓ current as of July 2026
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NRS 35.050  Action for usurpation by claimant in name of State; bond.  A person claiming to be entitled to a public office, except the office of Assemblyman, Assemblywoman or State Senator, unlawfully held and exercised by another may, by himself or herself or by an attorney and counselor at law, bring an action therefor in the name of the State, as provided in this chapter. On filing the complaint, such person shall enter into an undertaking with two sufficient sureties, to be approved by the judge, or any judge of the court in which the action is brought, conditioned that such person will pay any judgment for costs or damages recovered against the person, and all costs and expenses incurred in the prosecution of the action, which undertaking shall be filed with the clerk of the court.

      [1911 CPA § 718; RL § 5660; NCL § 9207]—(NRS A 1971, 660)

     

Notes of Decisions
Cited in 4 cases, 2001–2014 · leading case: State Ex Rel. Harvey v. Second Jud. Dist. Court, 32 P.3d 1263 (Nev. 2001).
State Ex Rel. Harvey v. Second Jud. Dist. Court, 32 P.3d 1263 (Nev. 2001). · cites it 4× “We agree that she is entitled to bring this action under NRS 35.050 and we have chosen to treat this matter as an original complaint in quo warranto, not as a petition for a writ of prohibition.”
Halverson v. Hardcastle, 163 P.3d 428 (Nev. 2007). “040, and the circumstances presented here, the Attorney General is the only public officer authorized to petition for quo warranto relief because, although NRS 35.050 allows an individual other than the Attorney General to seek quo warranto relief in situations where the…”
Lueck v. Teuton, 219 P.3d 895 (Nev. 2009). · cites it 2× “Under NRS Chapter 35, only persons "claiming to be entitled to a public office," NRS 35.050, or otherwise through the attorney general and "on the leave of the court," NRS 35.”
Workman v. Attorney Gen. (Nev. 2014). “040; NRS 35.050; Lueck v. Teuton, 125 Nev. 674 , 219 P.”
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