Title 1, Title 1 — Code Of Civil Procedure

Identity of defendant presumed. Any person served with the writ is presumed to be the person to whom it is directed, although it may be directed to him by a wrong name or description.

Contents of defendant's answer. The defendant in his answer shall state simply and unequivocally whether he then has or at any time has had the plaintiff under his control and restraint, and if so, the reason therefor. If he has transferred him to another person, he shall state t…

Petitioner may reply to answer; trial by court. The petitioner may reply to the defendant's answer, and all issues joined thereon shall be tried by the judge or court.

Evidence before magistrate may be reviewed. The reply may deny the sufficiency of the testimony to justify the action of the committing magistrate, on the trial of which issue all written testimony before the magistrate may be given in evidence before the court or judge in connec…

Compelling attendance of witnesses; punishing for contempt. The judge issuing the writ of habeas corpus or the judge before whom it is tried has the same power as a court to compel the attendance of witnesses or to punish contempt of his authority.

Certain proceedings not reviewable. Habeas corpus is not permissible to question the correctness of the action of a grand jury in finding a bill of indictment, or a petit jury in the trial of a cause nor of a court or judge when acting within their jurisdiction and in a lawful ma…

When petitioner to be discharged. If no sufficient legal cause of detention is shown, the petitioner must be discharged.

Errors in commitment to be disregarded. Although the commitment of the petitioner was irregular, if the court or judge is satisfied from the evidence that he ought to be held to bail or committed either for the offense charged or any other, an order may be made accordingly.

Petitioner may be committed or admitted to bail. The petitioner may be committed, let to bail or his bail be mitigated or increased as justice requires.

Custody of petitioner pendente lite. Until the sufficiency of the cause of restraint is determined, the defendant may retain the petitioner in his custody.

Presence of petitioner at trial; waiver. The petitioner or his attorney may waive in writing his right to be present at the trial, in which case the proceedings may be had in his absence. The writ in such cases will be modified accordingly.

Refusal of officer to deliver copy of process. Any officer refusing to deliver a copy of any legal process by which he detains the petitioner in custody to any person who demands a copy, shall forfeit five hundred dollars ($500.00) to the person detained.

Transfer, removal or concealment of person with intent to avoid service. Whoever, having under his restraint any person for whose release a writ of habeas corpus has been issued or is being applied for, transfers that person to the custody or control of another or conceals the pl…

Papers to be filed; journal entry. When the proceedings are before a judge and the writ is allowed, all papers in the case shall be filed with the clerk of the district court of the county wherein the final proceedings are had, and the final order shall be entered by the clerk up…

Fees and costs not to be advanced. No officer shall refuse to perform any of the duties required by law in habeas corpus proceedings because his fees are not paid in advance, but the judge or court to whom a petition is made may require the petitioner to give security for the pay…

"Injunction" defined. An injunction is a command to refrain from a particular act. It may be the final judgment in an action or may be allowed as a provisional remedy, and when so allowed it is by order.

Causes for injunction; granting temporary order. When it appears by the petition that the plaintiff is entitled to relief consisting of restraining the commission or continuance of some act the commission or continuance of which during the litigation would produce great or irrepa…

When and by whom granted. The injunction may be granted at the time of commencing the action, or at any time before judgment, by the district court or a judge thereof, or in the absence from the county of the judge, by the court commissioner of the county, when it appears by affi…

Order of injunction and notice. The order of injunction shall be addressed to the party enjoined and shall state the injunction. When the injunction is allowed at the commencement of the action, the clerk shall endorse upon the summons "injunction allowed", and it is not necessar…

Injunction operative from time of notice. An injunction shall bind the party from the time he has notice and the bond required is executed.

When second application for injunction denied. No injunction shall be granted by a judge after a motion therefor has been overruled by his court on the merits of the application. When it has been refused by the court in which the action is brought, or a judge thereof, it shall no…

Enforcement of injunction; penalties. An injunction or restraining order granted by a judge may be enforced as the act of the court, and disobedience may be punished by the court as a contempt. An attachment may be issued against the disobedient party upon satisfactory showing by…

Additional security may be required. At any time before judgment, upon reasonable notice to the party who obtained the injunction, a party enjoined may move the court or judge for additional security. If it appears that the surety has removed from the state or is insufficient, th…

Affidavits used on hearing. On the hearing of an application for an injunction, each party may read affidavits, and all affidavits shall be filed.

Motion to vacate or modify injunction. When an injunction has been granted a party may, before trial, apply to the court in which the action is pending, or a judge thereof, or to the supreme court or a judge thereof, to vacate or modify the same. The party applying for vacation o…

Evidence on hearing of motion. When the application is made upon affidavits of the defendant but not otherwise, the plaintiff may oppose the same by affidavits or other evidence in addition to the evidence on which the injunction was granted.

Radio and television stations; liability generally. The owner, licensee or operator of a visual or sound broadcasting station or network of stations, and the agents or employees of the owner, licensee or operator are not liable for damages for any defamatory statement published o…

Radio and television stations; liability for statements made by political candidates. An owner, licensee or operator or the agents or employees of any owner, licensee or operator of a visual or sound broadcasting station is not liable for any damages for any defamatory statement …

Limitation as to damages. In an action for damages for any defamatory statement published or uttered in or as a part of a visual or sound broadcast, the complaining party shall be allowed only the actual damages he has alleged and proved.

Publication of proceedings of governing bodies deemed privileged; exception. The publication of a fair and impartial report of the proceedings before state or municipal legislative bodies, or before state or municipal executive bodies, boards or officers, or the whole or a fair s…

Publication of criminal and civil proceedings deemed privileged; exceptions. The publication of a fair and impartial report of any indictment, the issuing of any warrant, the arrest of any person accused of crime, or the filing of any pleading or other document in any criminal or…

Publication of indecent matter prohibited. Nothing in W.S. 1-29-104 or 1-29-105 shall authorize the publication of blasphemous or indecent matter.

"Mandamus" defined. Mandamus is a writ issued in the name of the state to an inferior tribunal, a corporation, board or person commanding the performance of an act which the law specially enjoins as a duty resulting from an office, trust or station.

By what courts issued; cannot control judicial discretion. The writ can only be issued by the supreme court or the district court. It may require an inferior tribunal to exercise its judgment or to proceed to discharge any of its functions but it cannot control judicial discretio…

Application for writ; notice to defendant. The application for a writ must be by petition, in the name of the state, on the relation of the party applying and verified by affidavit. The court may require notice of the application to be given to the defendant, may grant an order t…

Writ not to be issued if adequate remedy at law; party beneficially interested. The writ must not be issued when there is an adequate remedy at law. It may issue on the information of the party beneficially interested.

Writ to be peremptory if right is clear; alternative writ to issue in other cases. When the right to require the performance of the act is clear and it is apparent that no valid excuse can be given for not performing it, a court may allow a peremptory mandamus. In all other cases…

Docket entry of allowance of writ. The allowance of a peremptory writ ordering the defendant to do the act required immediately upon service, or an alternative writ ordering that he do the act or show cause before the court at a specified time and place why he does not do the act…

Issuance and service of writ. The writ shall be issued by the clerk of the court in which the application is made and shall contain a copy of the petition, verification and order of allowance. A copy shall be served upon the defendant personally, by the sheriff of the proper coun…

Defendant may answer. On the return day of an alternative writ or such other day as the court may allow, the defendant may answer as in a civil action.

Judgment on default. If no answer is made, a peremptory mandamus shall be allowed against the defendant.

Effect and construction of pleadings. The pleadings shall have the same effect and be construed and amended as in civil actions.

Issues of fact; trial. Issues of fact made by the pleadings shall be tried and further proceedings had thereon the same as in civil actions.

Judgment for plaintiff; damages. If judgment is for the relator, he may recover damages as ascertained by the court, a jury or by a referee or master as in a civil action, plus costs. A peremptory mandamus shall also be granted to him without delay.

Recovery a bar to other actions. A recovery of damages against a defendant shall bar any other action upon that cause of action.

Costs against relator. If judgment is given for the defendant, all costs shall be adjudged against the relator.