Title 1 — Title 1 — Code Of Civil Procedure
43 chapters · 1,036 sections in this title.
W.S. § 1-28-106 When second application for injunction denied
0.4K chars
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…
W.S. § 1-28-107 Enforcement of injunction; penalties
0.8K chars
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…
W.S. § 1-28-108 Additional security may be required
0.4K chars
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…
W.S. § 1-28-109 Affidavits used on hearing
0.1K chars
Affidavits used on hearing. On the hearing of an application for an injunction, each party may read affidavits, and all affidavits shall be filed.
W.S. § 1-28-110 Motion to vacate or modify injunction
0.6K chars
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…
W.S. § 1-28-111 Evidence on hearing of motion
0.2K chars
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.
W.S. § 1-29-101 generally
0.6K chars
generally. Radio and television stations; liability 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…
W.S. § 1-29-102 Radio and television stations; liability for statements made by political candidates
0.4K chars
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 …
W.S. § 1-29-103 Limitation as to damages
0.2K chars
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.
W.S. § 1-29-104 Publication of proceedings of governing bodies deemed privileged; exception
0.5K chars
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…
W.S. § 1-29-105 Publication of criminal and civil proceedings deemed privileged; exceptions
0.7K chars
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…
W.S. § 1-29-106 Publication of indecent matter prohibited
0.1K chars
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.
W.S. § 1-30-101 "Mandamus" defined
0.2K chars
"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.
W.S. § 1-30-102 discretion
0.3K chars
discretion. By what courts issued; cannot control judicial 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…
W.S. § 1-30-103 Application for writ; notice to defendant
0.4K chars
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…
W.S. § 1-30-104 Writ not to be issued if adequate remedy at law; party beneficially interested
0.2K chars
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.
W.S. § 1-30-105 Writ to be peremptory if right is clear; alternative writ to issue in other cases
0.4K chars
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…
W.S. § 1-30-106 Docket entry of allowance of writ
0.3K chars
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…
W.S. § 1-30-107 Issuance and service of writ
0.5K chars
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…
W.S. § 1-30-108 Defendant may answer
0.2K chars
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.
W.S. § 1-30-109 Judgment on default
0.1K chars
Judgment on default. If no answer is made, a peremptory mandamus shall be allowed against the defendant.
W.S. § 1-30-110 Effect and construction of pleadings
0.1K chars
Effect and construction of pleadings. The pleadings shall have the same effect and be construed and amended as in civil actions.
W.S. § 1-30-111 Issues of fact; trial
0.1K chars
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.
W.S. § 1-30-112 Judgment for plaintiff; damages
0.2K chars
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.
W.S. § 1-30-113 Recovery a bar to other actions
0.1K chars
Recovery a bar to other actions. A recovery of damages against a defendant shall bar any other action upon that cause of action.
W.S. § 1-30-114 Costs against relator
0.1K chars
Costs against relator. If judgment is given for the defendant, all costs shall be adjudged against the relator.
W.S. § 1-30-115 Penalty for failure to comply with mandamus
0.6K chars
Penalty for failure to comply with mandamus. When a peremptory mandamus is directed to a public officer, body or board commanding the performance of a public duty specially enjoined by law, and the court finds that the officer or any member of a body or board has, without just ex…
W.S. § 1-30-116 mandamus
0.7K chars
mandamus. County treasurer to levy and assess tax upon When a peremptory mandamus is issued against the commissioners of a county, the trustees of a school district or the officers of a municipal corporation to levy and assess a tax to pay interest upon a debt or to create a sink…
W.S. § 1-30-117 County treasurer to levy and assess tax upon mandamus; duties and fees of treasurer
0.6K chars
County treasurer to levy and assess tax upon mandamus; duties and fees of treasurer. When a special order is issued to the county treasurer he is responsible for its execution in the same manner as if he were an officer of the court. He shall receive such fees for his services in…
W.S. § 1-30-118 County treasurer to levy and assess tax upon mandamus; powers of court
0.3K chars
County treasurer to levy and assess tax upon mandamus; powers of court. The provisions of W.S. 1-30-116 and 1-30-117 shall not be construed to limit the power of the court to carry its order and judgment into execution or to punish any officer named therein for contempt or disobe…
W.S. § 1-31-101 (a) state: Actions against persons
0.6K chars
(a) state: Actions against persons. A civil action may be brought in the name of the (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…
W.S. § 1-31-102 (a) Actions against corporations
0.5K chars
(a) Actions against corporations. 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…
W.S. § 1-31-103 Commencement of action
0.3K chars
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.
W.S. § 1-31-104 costs
0.7K chars
costs. Upon whose relation action brought; security for (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…
W.S. § 1-31-105 Action by person claiming public office; security for costs
0.2K chars
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.
W.S. § 1-31-106 disabled
0.3K chars
disabled. Appointment of attorney when county attorney 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…
W.S. § 1-31-107 Petition in action for usurpation of office
0.2K chars
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.
W.S. § 1-31-108 All claimants may be made defendants
0.1K chars
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.
W.S. § 1-31-109 Place of bringing action
0.3K chars
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 …
W.S. § 1-31-110 Issuance and service of summons
0.1K chars
Issuance and service of summons. When the petition is filed a summons shall issue and be served as in other cases.
W.S. § 1-31-111 Service by publication
0.2K chars
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.
W.S. § 1-31-112 Judgment in case of usurpation
0.3K chars
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.
W.S. § 1-31-113 corporation
0.4K chars
corporation. Judgment ousting trustee or director of 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…
W.S. § 1-31-114 Judgment ousting trustee or director of corporation; order for new election of trustee; service
0.7K chars
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…
W.S. § 1-31-115 Rights of persons adjudged entitled to office; generally; to take oath and execute bond; taking over office; demanding books and papers
0.5K chars
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 …
W.S. § 1-31-116 Rights of persons adjudged entitled to office; action for damages against person ousted; limitation on time of action
0.3K chars
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…
W.S. § 1-31-117 Rights of persons adjudged entitled to office; person refusing to deliver books or papers deemed guilty of contempt; penalty
0.4K chars
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…
W.S. § 1-31-118 Judgment against corporations; corporation to be ousted and dissolved
0.7K chars
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…
W.S. § 1-31-119 Judgment against corporations; appointment of trustees when corporation dissolved; bond required; powers generally
0.7K chars
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…
W.S. § 1-31-120 of trustees
0.6K chars
of trustees. Judgment against corporations; duties and powers 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…