§ 1537.Plaintiff May Have Separate Action For Damages - Judgment of Ouster Or Dissolution
Chapter 29: Quo Warranto · Not amended since adoption on record · Last verified August 3, 2026
Full Text of § 1537
Amendment History
R.L. 1910, § 4925.
Plain-English Summary
A plaintiff who wins doesn't have to claim damages in the same lawsuit. Section 1537 preserves a separate action for damages, but only if brought within one year after the judgment. The court's judgment itself can go further than declaring rights: it can order the defendant ousted and excluded from the office, franchise, or corporate rights at issue, and where the defendant is a corporation, the court can order it dissolved.
Frequently Asked Questions
If I win but didn't ask for damages, can I still get them later?
Yes, in a separate action, but it must be filed within one year after the judgment.
What can the court order besides declaring who's entitled to the office?
A judgment of ouster, excluding the defendant from the office, franchise, or corporate rights.
Can a corporation be dissolved as a result of this action?
Yes. In cases involving corporations, the court may give judgment that the corporation be dissolved.