Title 1, Title 1 — Code Of Civil Procedure

Actions against persons. (a) A civil action may be brought in the name of the state: (i) Against 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 autho…

Actions against corporations. (a) A like action may be brought against a corporation: (i) When it has violated the law governing its creation or renewal; (ii) When it has forfeited its privileges and franchises by nonuse; (iii) When it has committed or omitted an act which amount…

Commencement of action. The attorney general or a county attorney shall commence an action when directed by the governor, supreme court or legislature, or when upon complaint or otherwise he has good reason to believe that such an action can be established by proof.

Upon whose relation action brought; security for costs. (a) The prosecuting officer may bring the action upon his own relation or, by leave of court, he may bring the action upon the relation of another person. If the action is brought pursuant to W.S. 1-31-101(a)(i), the court m…

Action by person claiming public office; security for costs. A person claiming to be entitled to a public office unlawfully held and exercised by another may bring an action therefor upon giving security for costs.

Appointment of attorney when county attorney disabled. When the office of county attorney is vacant or when the county attorney is absent, interested in the action or disabled from any cause, the court may direct or permit any member of the bar to act in his place to bring and pr…

Petition in action for usurpation of office. When the action is against a person for usurping an office, the petition shall set forth the name of the person who claims to be entitled thereto with an averment of his right thereto.

All claimants may be made defendants. All persons who claim to be entitled to the same office or franchise may be made defendants in the same action.

Place of bringing action. An action under W.S. 1-31-101 through 1-31-130 can be brought in the supreme court, or in the district court of the county in which the defendant or one (1) of the defendants, resides or is found or, when the defendant is a corporation, in the county in …

Issuance and service of summons. When the petition is filed a summons shall issue and be served as in other cases.

Service by publication. When a summons is returned not served because the defendant or its officers or office cannot be found within the county, service by publication may be had as provided by the Wyoming Rules of Civil Procedure.

Judgment in case of usurpation. When a defendant is found guilty of usurping, intruding into or unlawfully holding or exercising an office, franchise or privilege, judgment shall be rendered ousting the defendant and allowing the relator to recover his costs.

Judgment ousting trustee or director of corporation. When the action is against a trustee or director of a corporation and the court finds that at his election either illegal votes were received or legal votes were rejected sufficient to change the result, judgment may be rendere…

Judgment ousting trustee or director of corporation; order for new election of trustee; service. In a case named in W.S. 1-31-113 the court may order a new election to be held at a time and place and by judges appointed by the court. Notice of the election, naming the judges, sha…

Rights of persons adjudged entitled to office; generally; to take oath and execute bond; taking over office; demanding books and papers. If judgment is rendered in favor of the person claiming to be entitled to an office, he may, after taking the oath of office and executing any …

Rights of persons adjudged entitled to office; action for damages against person ousted; limitation on time of action. The successful claimant may at any time within one (1) year after the date of the judgment, bring an action against the party ousted and recover the damages he s…

Rights of persons adjudged entitled to office; person refusing to deliver books or papers deemed guilty of contempt; penalty. If the defendant refuses or neglects to deliver any book or paper pursuant to demand, he is guilty of contempt of court and shall be fined not exceeding t…

Judgment against corporations; corporation to be ousted and dissolved. When it is found that a corporation has, by an act done or omitted, surrendered or forfeited its corporate rights, privileges and franchises or has not used the same for five (5) years, judgment shall be enter…

Judgment against corporations; appointment of trustees when corporation dissolved; bond required; powers generally. The court rendering a judgment dissolving a corporation shall appoint trustees of the creditors and stockholders of the corporation who, after giving a bond payable…

Judgment against corporations; duties and powers of trustees. The trustees shall promptly demand all money, property, books, deeds, notes, bills, obligations and papers of every description within the custody or control of the officers of the corporation, which belong to the corp…

Judgment against corporations; penalty for failure to deliver items to trustees; enforcement of delivery; liability to trustees. An officer of a corporation who refuses or neglects to deliver any money or other thing pursuant to such demand is guilty of contempt of court and shal…

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

Order directing transfer of books and papers; enforcement by fine or imprisonment. In all actions under W.S. 1-31-101 through 1-31-130, when the judgment is against the defendant, the court may make an order directing the defendant promptly to deliver the books, papers, property,…

Injunction in aid of proceedings against banking associations. Any stockholder or stockholders, owning not less than one-fourth (1/4) of the paid in capital stock of any banking association, or entitled to the beneficial interest therein, may have an injunction pending proceeding…

Injunction in aid of proceedings against banking associations; security required of bank directors. The court may, upon satisfactory proof that the directors or trustees of a corporation have violated or are about to violate any of the franchises thereof, require them to give sec…

Injunction against aid of proceedings against banking associations; directors may be enjoined from borrowing money. The court may enjoin the directors or trustees from borrowing or issuing, either directly or indirectly, any of the money or assets of the bank for their individual…

Limitation upon time of bringing action against corporations or officer. Nothing in W.S. 1-31-101 through 1-31-130 shall authorize an action against a corporation for forfeiture of charter unless commenced within five (5) years after the act complained of was committed. An action…

Actions against officers of ousted corporations; limitation upon time. When judgment of forfeiture and ouster is rendered against a corporation because of misconduct of the officers, trustees or directors, a person injured thereby may within one (1) year, in an action against the…

Provisions to be cumulative. Nothing in W.S. 1-31-101 through 1-31-130 is intended to restrain any court from enforcing the performance of trusts for charitable purposes at the relation of the county attorney of the proper county, or from enforcing trusts or restraining abuses in…

Precedence of actions; speedy trial. Actions for quo warranto shall have precedence in any court over any civil business pending therein. If the matter is of public concern, on the motion of the attorney general or prosecuting attorney, the court shall require as speedy a trial o…

Who compelled to make partition. Tenants in common and coparceners of any estate of lands, tenements or hereditaments within the state may be compelled to make a partition thereof as hereinafter prescribed.

Where proceedings to be had. When the estate is situated in one (1) county the proceedings shall be had in that county, and when situated in two (2) or more counties the proceedings may be had in any county in which a part of the estate is situated.

Filing and contents of petition. A person entitled to partition of an estate may file his petition in the district court setting forth the nature of his title, a description of the lands, tenements or hereditaments of which partition is demanded, and naming each tenant in common,…

Finding of court; order for partition; appointment of commissioners; ordering writ of execution to issue. If the court finds that the plaintiff has a legal right to any part of the estate, it shall order partition in favor of the plaintiff or all parties in interest, appoint thre…

Writ of partition directed to sheriff; contents; administering oath to commissioners. The writ of partition may be directed to the sheriff of any county in which any part of the estate lies, and shall command him to administer the oaths of the commissioners, and setoff and divide…

View and examination of estate by commissioners; setting aside under oath. In making the partition, the commissioners must examine the estate and set apart the same in such lots as will be most advantageous and equitable, having due regard to the improvements, situation and quali…

Partition of several tracts. When partition of more than one (1) tract is demanded, the commissioners shall set off to each plaintiff or party in interest his proper proportion in each of the several tracts unless the several tracts are owned by the same proprietors in the same p…

Amicable partition. Before a writ of partition is issued, the person of whom partition is demanded may appear in court in person or by attorney and consent to a partition of the estate according to the facts and prayer set forth in the petition. This amicable partition, when made…

Appraisement required where estate cannot be divided according to writ; return by commissioners; election to take at appraised value. When the commissioners are of the opinion that the estate cannot be divided according to the demand of the writ without manifest injury to its val…

Terms of payment upon election to take; execution of conveyance. If one (1) or more of the parties elects to take the estate at the appraised value, unless the court for good cause directs the entire payment to be made in cash, or unless all the parties in interest agree to diffe…

Order for sale of estate in absence of election to take. If no election to take the estate at the appraised value is made, at the instance of a party the court may order the sale thereof at public auction by the sheriff who executed the writ of partition or his successor.

Conduct and terms of sale. All such sales shall be made at the courthouse unless the court for good cause directs it to be made on the premises. The sale shall be conducted in all respects as a sale upon execution except that it is not necessary to appraise the estate. The estate…

Return by sheriff of proceedings of sale; confirmation by court; execution of deed of conveyance. On the return by the sheriff of his proceedings the court shall examine the same. If a sale has been made and the court approves the sale, on receiving payment of the consideration m…

Distribution of proceeds of sale or election to take; liability of sheriff and his sureties. The money or securities arising from a sale of or an election to take the estate shall be distributed and paid by order of the court to the parties entitled thereto, in lieu of their resp…

Alias writ for sale; reappraisement by disinterested persons; sale with or without revaluation. When the estate has been once offered and not sold, an alias writ for the sale thereof may be issued as often as need be. The court may order a reappraisement by three (3) disintereste…

Succeeding officer may make deed. When a conveyance is not made by the officer who made the sale, the court being satisfied that the sale or election was regularly made and the purchase money has been fully paid or secured, may order the sheriff of the county or officer performin…