Title 27, Title 27

An action under this chapter can be brought in the supreme court of the state or in the district court of the county in which the defendant or one of the defendants resides or is found or, when the defendant is a corporation, in the county in which it is situated or has a place o…

Actions under this chapter in any court shall have precedence of any civil business pending therein; and the court, if the matter is of public concern, shall, on the motion of the attorney general or the attorney of the party, require as speedy a trial of the merits of the case a…

Upon application for leave to file a complaint, the court or judge may direct notice thereof to be given to the defendant previous to granting such leave and may hear the defendant in opposition thereto; and if leave be granted, an entry thereof shall be made on the minutes of th…

When the complaint is filed without leave and notice, a summons shall issue and be served as in other cases.

When a summons is returned not served because the defendant or its officers or office cannot be found within the county, the clerk shall publish the summons as in other cases.

The pleadings shall be as in other cases.

When a defendant is found guilty of usurping, intruding into, or unlawfully holding or exercising an office, franchise, or privilege, judgment must be rendered that the defendant be ousted and altogether excluded from the office, franchise, or privilege and that the relator recov…

If the action is commenced in the district court, an appeal may be taken from the judgment by either party to the supreme court as in other cases.

Actions under this chapter commenced in the supreme court must be conducted in the same manner as if commenced in the district court, and the clerk of the supreme court has the same authority to issue summonses and other process and to enter orders and judgments as the clerk of t…

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 undertak…

When the action is against a person for usurping an office, the complaint must set forth the name of the person who claims to be entitled to the office, with a statement of the person's right to the office.

All persons who claim to be entitled to the same office or franchise may be made defendants in the same action to try their respective rights to such office or franchise.

Judgment may be rendered upon the right of the defendant and also upon the right of the person averred to be entitled, as provided in 27-28-302, or only upon the right of the defendant, as justice requires.

If there is judgment of ouster against the defendant, there shall be no stay of execution or proceedings pending such appeal.

If judgment is rendered in favor of the person alleged to be entitled to an office, the person may, after taking the oath of office and executing any official bond required by law, take upon the person the execution of the office and the person shall immediately upon taking the o…

If the defendant refuses or neglects to deliver any book or paper pursuant to the demand in 27-28-306, the defendant is considered guilty of a contempt of court and shall be fined an amount not exceeding $10,000 and imprisoned in the jail of the county until the defendant complie…

The person in whose favor judgment is rendered under this part may, at any time within 1 year after the date of the judgment, bring an action against the party ousted and recover the damages sustained by reason of the usurpation.

When the action is against a director of a corporation and the court finds that at the director's election either illegal votes were received or legal votes were rejected, or both, sufficient to change the result, judgment may be rendered that the defendant be ousted and of induc…

In a case named in 27-28-401, the court may order a new election to be held, at a time and place and by judges appointed by the court, notice of which election and naming the judges shall be given for the time and in the manner provided by law for notice of elections of directors…

When it is found and adjudged that a corporation has offended in any matter or manner which does not work such surrender or forfeiture, misused a franchise, or exercised a power not conferred by law, judgment shall be entered that it be ousted from the continuance of such offense…

When in any such action it is found and adjudged that a corporation has, by an act done or omitted, surrendered or forfeited its corporate rights, privileges, or franchises or has not used the same during a term of 5 years, judgment shall be entered that it be ousted and excluded…

If judgment be rendered against a corporation or against a person claiming to be a corporation, the court may render judgment for costs against the directors or other officers of the corporation or against the person claiming to be a corporation.

The court rendering a judgment dissolving a corporation shall appoint trustees of the creditors and stockholders of the corporation, who, after giving an undertaking payable to the state, in such sum and with such sureties as the court may designate and approve, conditioned that …

(1) The trustees shall immediately demand all money, property, and papers within the custody or control of the officers of the corporation belonging to the corporation or in any way necessary for the settlement of its affairs or for the discharge of its debts and liabilities; and…

An officer of the corporation who refuses or neglects to deliver over any money or other things pursuant to the demand is considered guilty of a contempt of court and shall be fined an amount not exceeding $10,000 and imprisoned in the jail of the proper county until the officer …