27-28-101. When proceeding may be instituted for unlawful assertion of authority, MCA
  1. MCA Contents
  2. TITLE 27
  3. CHAPTER 28
  4. Part 1
  5. 27-28-101 When proceeding may be instituted for unlawful assertion of authority

Montana Code Annotated 2023

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 28. QUO WARRANTO

Part 1. General Provisions

When Proceeding May Be Instituted For Unlawful Assertion Of Authority

27-28-101. When proceeding may be instituted for unlawful assertion of authority. A civil action may be brought in the name of the state against:

(1) a person who usurps, intrudes into, or unlawfully holds or exercises a public office, civil or military, or a franchise within this state or an office in a corporation created by the authority of this state;

(2) a public officer, civil or military, who does or suffers an act that, by the provisions of law, works a forfeiture of office;

(3) an association of persons who act as a corporation within this state without being legally incorporated.

History: En. Sec. 1410, C. Civ. Proc. 1895; re-en. Sec. 6943, Rev. C. 1907; re-en. Sec. 9576, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 803; re-en. Sec. 9576, R.C.M. 1935; R.C.M. 1947, 93-6401; amd. Sec. 725, Ch. 56, L. 2009.