Montana § 27-28-301 When Action May Be Commenced -- Undertaking For Security

Montana Statutes

§ 27-28-301 — When Action May Be Commenced -- Undertaking For Security

Montana § 27-28-301

Title 27CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

Ch. 28QUO WARRANTO

Part 3Actions by Private Persons for Usurpation of Office

This text of Montana § 27-28-301 (When Action May Be Commenced -- Undertaking For Security) 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. § 27-28-301 (2026).

Text

27-28-301 . When action may be commenced -- undertaking for security. A person claiming to be entitled to a public office unlawfully held and exercised by another, individually or by an attorney, may bring an action for the office in the name of the state, as provided in this chapter. On filing the complaint, the person shall enter into an undertaking, with two sufficient sureties to be approved by the judge or any judge of the court in which the action is brought, conditioned that the person will pay any judgment for costs or damages recovered against the person and all costs and expenses incurred in the prosecution of the action. The undertaking must be filed with the clerk of the court.

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27-28-301 . When action may be commenced -- undertaking for security. A person claiming to be entitled to a public office unlawfully held and exercised by another, individually or by an attorney, may bring an action for the office in the name of the state, as provided in this chapter. On filing the complaint, the person shall enter into an undertaking, with two sufficient sureties to be approved by the judge or any judge of the court in which the action is brought, conditioned that the person will pay any judgment for costs or damages recovered against the person and all costs and expenses incurred in the prosecution of the action. The undertaking must be filed with the clerk of the court.

Legislative History

En. Sec. 1414, C. Civ. Proc. 1895; re-en. Sec. 6947, Rev. C. 1907; re-en. Sec. 9580, R.C.M. 1921; re-en. Sec. 9580, R.C.M, 1935; R.C.M. 1947, 93-6405; amd. Sec. 729, Ch. 56, L. 2009.