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·Title 27 CIVIL LIABILITY, REMEDIES, AND LIMITATIONS·Ch. 28 QUO WARRANTO·Part 1 General Provisions

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.

Montana § 27-28-101 (When Proceeding May Be Instituted For Unlawful Assertion Of Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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.