ACTIONS IN PARTICULAR CASES
USURPATION OF OFFICE OR FRANCHISE
6-603. Statement of private right — Arrest of defendant. Whenever such action is brought in the name of the people of the state, the prosecuting attorney at the request of the person entitled to the office or franchise, in addition to the cause of action in behalf of the people of the state, may set forth the name of the person so entitled, with a statement of his right thereto, and in such case, upon proof by affidavit that the defendant has received fees or emoluments belonging to the office, and by means of usurpation thereof, an order may be granted by the judge or court wherein the case is pending, for the arrest of such defendant, and holding him to bail, and thereupon he may be arrested and held to bail in the same manner and with the same effect, and subject to the same rights and liabilities as in other civil actions where the defendant is subject to arrest.
[(6-603) C.C.P. 1881, sec. 536; R.S., R.C., & C.L., sec. 4613; C.S., sec. 7025; I.C.A., sec. 9-603.]