When defendant held to bail

Wis. Stat. § 784.05 — under QUO WARRANTO.

Wis. Stat. § 784.05

784.05 When defendant held to bail. If the action is brought against a person for usurping an office, the attorney general or person complaining, in addition to the statement of the cause of action, may also set forth in the complaint the name of

784.08 784.09 784.10 784.11 784.12 784.13

Judgment. Relator to take office and demand books. Delivery of books, etc. Damages. Parties defendant. Judgment if office, franchise or privilege usurped.

the person rightfully entitled to the office, with a statement of the person’s right to the office. In such case, upon proof by affidavit that the defendant has received fees or emoluments belonging to the office and by means of his or her usurpation of the office, an order may be granted by a judge of the circuit court, by a judge of the court of appeals or by a justice of the supreme court, if the action is pending therein, for the arrest of the defendant and holding him or her to bail; and thereupon the defendant shall be arrested and held to bail in the manner and with the same effect and subject to the same rights and liabilities as in other civil actions when the defendant is subject to arrest. History: 1977 c. 187; 1979 c. 32 s. 61; Stats. 1979 s. 784.05.