Montana § 27-28-101 When Proceeding May Be Instituted For Unlawful Assertion Of Authority

Montana Statutes

§ 27-28-101 — When Proceeding May Be Instituted For Unlawful Assertion Of Authority

Montana § 27-28-101

Title 27CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

Ch. 28QUO WARRANTO

Part 1General Provisions

This text of Montana § 27-28-101 (When Proceeding May Be Instituted For Unlawful Assertion Of Authority) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 27-28-101 (2026).

Text

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.

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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.

Legislative 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.