§462.  Dismissal of improper suits

No court of the state shall entertain, or maintain, or recognize any action, suit, writ, or other legal process, nor any pleading in any case wherein the State Auditor, the State Treasurer, or any other ministerial officer, appears as a party to the record, either in person or by private counsel, but all such proceedings shall be refused or dismissed either ex officio or on motion as in case of non-suit, without prejudice to the rights of parties interested.  

In every such case the officer unlawfully appearing shall be condemned to pay the costs of suit therein.  

Notice of such dismissal shall be served on the Attorney General, or proper district attorney, who may, on motion, reinstate and maintain such action as it stood at the moment of dismissal, without prejudice to the rights of parties interested, if he deems it expedient so to do.