State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter31

CHAPTER 31 - QUO WARRANTO

 

1-31-101. 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 unlawfullyholds or exercises a public office, civil or military, or a franchise withinthis state or an office in a corporation created by authority of this state;

 

(ii) Against a public officer, civil or military, who does orsuffers an act which by law works a forfeiture of his office;

 

(iii) Against an association of persons who act as a corporationwithin this state without being legally incorporated or who fail to comply withthe corporation laws of the state.

 

1-31-102. Actions against corporations.

 

(a) A like action may be brought against a corporation:

 

(i) When it has violated the law governing its creation orrenewal;

 

(ii) When it has forfeited its privileges and franchises bynonuse;

 

(iii) When it has committed or omitted an act which amounts to asurrender of its corporate rights, privileges and franchises;

 

(iv) When it has misused a franchise or privilege conferred uponit by law or exercised a franchise or privilege not so conferred.

 

1-31-103. Commencement of action.

 

Theattorney general or a county attorney shall commence an action when directed bythe governor, supreme court or legislature, or when upon complaint or otherwisehe has good reason to believe that such an action can be established by proof.

 

1-31-104. Upon whose relation action brought; security for costs.

 

(a) The prosecuting officer may bring the action upon his ownrelation or, by leave of court, he may bring the action upon the relation ofanother person. If the action is brought pursuant to W.S. 1-31-101(a)(i), thecourt may require security for costs as in other cases.

 

(b) Upon application for leave to file a petition upon therelation of another person, the court may direct notice thereof to be given tothe defendant previous to granting such leave and may hear the defendant inopposition thereto; and if leave is granted an entry thereof shall be made onthe journal or the fact shall be endorsed by the judge on the petition, whichshall then be filed.

 

1-31-105. Action by person claiming public office; security for costs.

 

Aperson claiming to be entitled to a public office unlawfully held and exercisedby another may bring an action therefor upon giving security for costs.

 

1-31-106. Appointment of attorney when county attorney disabled.

 

Whenthe 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 orpermit any member of the bar to act in his place to bring and prosecute theaction.

 

1-31-107. Petition in action for usurpation of office.

 

Whenthe action is against a person for usurping an office, the petition shall setforth the name of the person who claims to be entitled thereto with an avermentof his right thereto.

 

1-31-108. All claimants may be made defendants.

 

Allpersons who claim to be entitled to the same office or franchise may be madedefendants in the same action.

 

1-31-109. Place of bringing action.

 

Anaction under W.S. 1-31-101 through 1-31-130 can be brought in the supremecourt, 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 which it is situated or has a place of business.

 

1-31-110. Issuance and service of summons.

 

Whenthe petition is filed a summons shall issue and be served as in other cases.

 

1-31-111. Service by publication.

 

Whena summons is returned not served because the defendant or its officers oroffice cannot be found within the county, service by publication may be had asprovided by the Wyoming Rules of Civil Procedure.

 

1-31-112. Judgment in case of usurpation.

 

Whena defendant is found guilty of usurping, intruding into or unlawfully holdingor exercising an office, franchise or privilege, judgment shall be renderedousting the defendant and allowing the relator to recover his costs.

 

1-31-113. Judgment ousting trustee or director of corporation.

 

Whenthe action is against a trustee or director of a corporation and the courtfinds that at his election either illegal votes were received or legal voteswere rejected sufficient to change the result, judgment may be rendered oustingthe defendant and in favor of the person who is entitled to be declared electedat the election.

 

1-31-114. Judgment ousting trustee or director of corporation; orderfor new election of trustee; service.

 

Ina case named in W.S. 1-31-113 the court may order a new election to be held ata time and place and by judges appointed by the court. Notice of the election,naming the judges, shall be given for the time and in the manner provided bylaw for notice of elections of directors or trustees of the corporation. Theorder of the court is obligatory upon the corporation and its officers when aduly certified copy thereof is served upon its secretary personally or left atits principal office with someone of suitable age, and the court may enforceits order by contempt or otherwise.

 

1-31-115. Rights of persons adjudged entitled to office; generally; totake oath and execute bond; taking over office; demanding books and papers.

 

Ifjudgment is rendered in favor of the person claiming to be entitled to anoffice, he may, after taking the oath of office and executing any official bondrequired by law, assume the execution of the office. He shall immediatelydemand of the defendant all books and papers in his custody or within his powerpertaining to the office from which he has been ousted.

 

1-31-116. Rights of persons adjudged entitled to office; action fordamages against person ousted; limitation on time of action.

 

Thesuccessful claimant may at any time within one (1) year after the date of thejudgment, bring an action against the party ousted and recover the damages hesustained by reason of the usurpation.

 

1-31-117. Rights of persons adjudged entitled to office; personrefusing to deliver books or papers deemed guilty of contempt; penalty.

 

Ifthe defendant refuses or neglects to deliver any book or paper pursuant todemand, he is guilty of contempt of court and shall be fined not exceeding tenthousand dollars ($10,000.00), and imprisoned in the county jail until hecomplies with the order of the court or is otherwise discharged by law.

 

1-31-118. Judgment against corporations; corporation to be ousted anddissolved.

 

Whenit is found that a corporation has, by an act done or omitted, surrendered orforfeited its corporate rights, privileges and franchises or has not used thesame for five (5) years, judgment shall be entered that it be ousted andexcluded therefrom, and that it be dissolved. When it is found and adjudgedthat a corporation has offended in any matter or manner which does not work asurrender or forfeiture, or has misused a franchise or exercised a power notconferred by law, judgment shall be entered that it be ousted from thecontinuance of the offense or exercise of the power.

 

1-31-119. Judgment against corporations; appointment of trustees whencorporation dissolved; bond required; powers generally.

 

Thecourt rendering a judgment dissolving a corporation shall appoint trustees ofthe creditors and stockholders of the corporation who, after giving a bondpayable to the state of Wyoming in a sum and with sureties as the court maydesignate, conditioned that they will faithfully discharge their trust andproperly pay and apply all money that may come into their hands, shall havepower to settle the affairs of the corporation, collect and pay outstandingdebts and divide among the stockholders the money and other property whichremains after the payment of debts and necessary expenses.

 

1-31-120. Judgment against corporations; duties and powers oftrustees.

 

Thetrustees shall promptly demand all money, property, books, deeds, notes, bills,obligations and papers of every description within the custody or control ofthe officers of the corporation, which belong to the corporation or are in anyway necessary for the settlement of its affairs or for the discharge of itsdebts and liabilities. They may sue for and recover the demands and property ofthe corporation, and are jointly and severally liable to the creditors andstockholders to the extent of its property and effects which come into theirhands.

 

1-31-121. Judgment against corporations; penalty for failure todeliver items to trustees; enforcement of delivery; liability to trustees.

 

Anofficer of a corporation who refuses or neglects to deliver any money or otherthing pursuant to such demand is guilty of contempt of court and shall be finednot exceeding ten thousand dollars ($10,000.00) and imprisoned in the county jailuntil he complies with the order of the court or is otherwise discharged bylaw. He is liable to the trustees for the value of all money or other thingsrefused or neglected to be surrendered, together with all damages that aresustained by the stockholders and creditors of the corporation in consequenceof the neglect or refusal.

 

1-31-122. Judgment for costs.

 

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

 

1-31-123. Order directing transfer of books and papers; enforcement byfine or imprisonment.

 

Inall actions under W.S. 1-31-101 through 1-31-130, when the judgment is againstthe defendant, the court may make an order directing the defendant promptly todeliver the books, papers, property, money, deeds, notes, bills and obligationsto the persons entitled thereto or the trustees appointed to receive them. Ifcomplaint is made upon affidavit to the district court of a neglect or refusalto comply with the order, the court shall direct an attachment returnableimmediately to issue for the defendant, who may be required to answer underoath touching the premises. If it appears that the defendant neglects orrefuses, the court shall render judgment of fine or imprisonment, or both, asthe court making the order might have rendered.

 

1-31-124. Injunction in aid of proceedings against banking associations.

 

Anystockholder or stockholders, owning not less than one-fourth (1/4) of the paidin capital stock of any banking association, or entitled to the beneficialinterest therein, may have an injunction pending proceedings in quo warranto,restraining the directors or trustees from making any disposition of the assetsof the corporation prejudicial to the interests of the stockholders orinconsistent with their duties as directors or trustees.

 

1-31-125. Injunction in aid of proceedings against bankingassociations; security required of bank directors.

 

Thecourt may, upon satisfactory proof that the directors or trustees of acorporation have violated or are about to violate any of the franchisesthereof, require them to give security to the stockholders satisfactory to thecourt for the proper discharge of their duties, and for the proper managementand security of the assets. The court may enjoin the directors or trustees frompaying out or issuing the notes of circulation of the bank and from incurringany additional liabilities, except for the payment of the necessary services ofthe officers and employees of the banking association, the amount of whichwhile the proceedings are pending shall be under the control of the court.

 

1-31-126. Injunction against aid of proceedings against bankingassociations; directors may be enjoined from borrowing money.

 

Thecourt may enjoin the directors or trustees from borrowing or issuing, eitherdirectly or indirectly, any of the money or assets of the bank for theirindividual benefit while the proceedings are pending.

 

1-31-127. Limitation upon time of bringing action against corporationsor officer.

 

Nothingin W.S. 1-31-101 through 1-31-130 shall authorize an action against acorporation for forfeiture of charter unless commenced within five (5) yearsafter the act complained of was committed. An action may not be brought againsta corporation for the exercise of a power or franchise under its charter whichit has exercised for a term of twenty (20) years, nor may an action be broughtagainst an officer to oust him from his office unless within three (3) yearsafter the cause of the ouster or the right to hold the office arose.

 

1-31-128. Actions against officers of ousted corporations; limitationupon time.

 

Whenjudgment of forfeiture and ouster is rendered against a corporation because ofmisconduct of the officers, trustees or directors, a person injured thereby maywithin one (1) year, in an action against the officers or directors, recoverdamages sustained by reason of the misconduct.

 

1-31-129. Provisions to be cumulative.

 

Nothingin W.S. 1-31-101 through 1-31-130 is intended to restrain any court fromenforcing the performance of trusts for charitable purposes at the relation ofthe county attorney of the proper county, or from enforcing trusts orrestraining abuses in other corporations at the suit of a person injured.

 

1-31-130. Precedence of actions; speedy trial.

 

Actionsfor quo warranto shall have precedence in any court over any civil businesspending therein. If the matter is of public concern, on the motion of theattorney general or prosecuting attorney, the court shall require as speedy atrial of the merits of the case as may be consistent with the rights of theparties.

 

State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter31

CHAPTER 31 - QUO WARRANTO

 

1-31-101. 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 unlawfullyholds or exercises a public office, civil or military, or a franchise withinthis state or an office in a corporation created by authority of this state;

 

(ii) Against a public officer, civil or military, who does orsuffers an act which by law works a forfeiture of his office;

 

(iii) Against an association of persons who act as a corporationwithin this state without being legally incorporated or who fail to comply withthe corporation laws of the state.

 

1-31-102. Actions against corporations.

 

(a) A like action may be brought against a corporation:

 

(i) When it has violated the law governing its creation orrenewal;

 

(ii) When it has forfeited its privileges and franchises bynonuse;

 

(iii) When it has committed or omitted an act which amounts to asurrender of its corporate rights, privileges and franchises;

 

(iv) When it has misused a franchise or privilege conferred uponit by law or exercised a franchise or privilege not so conferred.

 

1-31-103. Commencement of action.

 

Theattorney general or a county attorney shall commence an action when directed bythe governor, supreme court or legislature, or when upon complaint or otherwisehe has good reason to believe that such an action can be established by proof.

 

1-31-104. Upon whose relation action brought; security for costs.

 

(a) The prosecuting officer may bring the action upon his ownrelation or, by leave of court, he may bring the action upon the relation ofanother person. If the action is brought pursuant to W.S. 1-31-101(a)(i), thecourt may require security for costs as in other cases.

 

(b) Upon application for leave to file a petition upon therelation of another person, the court may direct notice thereof to be given tothe defendant previous to granting such leave and may hear the defendant inopposition thereto; and if leave is granted an entry thereof shall be made onthe journal or the fact shall be endorsed by the judge on the petition, whichshall then be filed.

 

1-31-105. Action by person claiming public office; security for costs.

 

Aperson claiming to be entitled to a public office unlawfully held and exercisedby another may bring an action therefor upon giving security for costs.

 

1-31-106. Appointment of attorney when county attorney disabled.

 

Whenthe 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 orpermit any member of the bar to act in his place to bring and prosecute theaction.

 

1-31-107. Petition in action for usurpation of office.

 

Whenthe action is against a person for usurping an office, the petition shall setforth the name of the person who claims to be entitled thereto with an avermentof his right thereto.

 

1-31-108. All claimants may be made defendants.

 

Allpersons who claim to be entitled to the same office or franchise may be madedefendants in the same action.

 

1-31-109. Place of bringing action.

 

Anaction under W.S. 1-31-101 through 1-31-130 can be brought in the supremecourt, 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 which it is situated or has a place of business.

 

1-31-110. Issuance and service of summons.

 

Whenthe petition is filed a summons shall issue and be served as in other cases.

 

1-31-111. Service by publication.

 

Whena summons is returned not served because the defendant or its officers oroffice cannot be found within the county, service by publication may be had asprovided by the Wyoming Rules of Civil Procedure.

 

1-31-112. Judgment in case of usurpation.

 

Whena defendant is found guilty of usurping, intruding into or unlawfully holdingor exercising an office, franchise or privilege, judgment shall be renderedousting the defendant and allowing the relator to recover his costs.

 

1-31-113. Judgment ousting trustee or director of corporation.

 

Whenthe action is against a trustee or director of a corporation and the courtfinds that at his election either illegal votes were received or legal voteswere rejected sufficient to change the result, judgment may be rendered oustingthe defendant and in favor of the person who is entitled to be declared electedat the election.

 

1-31-114. Judgment ousting trustee or director of corporation; orderfor new election of trustee; service.

 

Ina case named in W.S. 1-31-113 the court may order a new election to be held ata time and place and by judges appointed by the court. Notice of the election,naming the judges, shall be given for the time and in the manner provided bylaw for notice of elections of directors or trustees of the corporation. Theorder of the court is obligatory upon the corporation and its officers when aduly certified copy thereof is served upon its secretary personally or left atits principal office with someone of suitable age, and the court may enforceits order by contempt or otherwise.

 

1-31-115. Rights of persons adjudged entitled to office; generally; totake oath and execute bond; taking over office; demanding books and papers.

 

Ifjudgment is rendered in favor of the person claiming to be entitled to anoffice, he may, after taking the oath of office and executing any official bondrequired by law, assume the execution of the office. He shall immediatelydemand of the defendant all books and papers in his custody or within his powerpertaining to the office from which he has been ousted.

 

1-31-116. Rights of persons adjudged entitled to office; action fordamages against person ousted; limitation on time of action.

 

Thesuccessful claimant may at any time within one (1) year after the date of thejudgment, bring an action against the party ousted and recover the damages hesustained by reason of the usurpation.

 

1-31-117. Rights of persons adjudged entitled to office; personrefusing to deliver books or papers deemed guilty of contempt; penalty.

 

Ifthe defendant refuses or neglects to deliver any book or paper pursuant todemand, he is guilty of contempt of court and shall be fined not exceeding tenthousand dollars ($10,000.00), and imprisoned in the county jail until hecomplies with the order of the court or is otherwise discharged by law.

 

1-31-118. Judgment against corporations; corporation to be ousted anddissolved.

 

Whenit is found that a corporation has, by an act done or omitted, surrendered orforfeited its corporate rights, privileges and franchises or has not used thesame for five (5) years, judgment shall be entered that it be ousted andexcluded therefrom, and that it be dissolved. When it is found and adjudgedthat a corporation has offended in any matter or manner which does not work asurrender or forfeiture, or has misused a franchise or exercised a power notconferred by law, judgment shall be entered that it be ousted from thecontinuance of the offense or exercise of the power.

 

1-31-119. Judgment against corporations; appointment of trustees whencorporation dissolved; bond required; powers generally.

 

Thecourt rendering a judgment dissolving a corporation shall appoint trustees ofthe creditors and stockholders of the corporation who, after giving a bondpayable to the state of Wyoming in a sum and with sureties as the court maydesignate, conditioned that they will faithfully discharge their trust andproperly pay and apply all money that may come into their hands, shall havepower to settle the affairs of the corporation, collect and pay outstandingdebts and divide among the stockholders the money and other property whichremains after the payment of debts and necessary expenses.

 

1-31-120. Judgment against corporations; duties and powers oftrustees.

 

Thetrustees shall promptly demand all money, property, books, deeds, notes, bills,obligations and papers of every description within the custody or control ofthe officers of the corporation, which belong to the corporation or are in anyway necessary for the settlement of its affairs or for the discharge of itsdebts and liabilities. They may sue for and recover the demands and property ofthe corporation, and are jointly and severally liable to the creditors andstockholders to the extent of its property and effects which come into theirhands.

 

1-31-121. Judgment against corporations; penalty for failure todeliver items to trustees; enforcement of delivery; liability to trustees.

 

Anofficer of a corporation who refuses or neglects to deliver any money or otherthing pursuant to such demand is guilty of contempt of court and shall be finednot exceeding ten thousand dollars ($10,000.00) and imprisoned in the county jailuntil he complies with the order of the court or is otherwise discharged bylaw. He is liable to the trustees for the value of all money or other thingsrefused or neglected to be surrendered, together with all damages that aresustained by the stockholders and creditors of the corporation in consequenceof the neglect or refusal.

 

1-31-122. Judgment for costs.

 

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

 

1-31-123. Order directing transfer of books and papers; enforcement byfine or imprisonment.

 

Inall actions under W.S. 1-31-101 through 1-31-130, when the judgment is againstthe defendant, the court may make an order directing the defendant promptly todeliver the books, papers, property, money, deeds, notes, bills and obligationsto the persons entitled thereto or the trustees appointed to receive them. Ifcomplaint is made upon affidavit to the district court of a neglect or refusalto comply with the order, the court shall direct an attachment returnableimmediately to issue for the defendant, who may be required to answer underoath touching the premises. If it appears that the defendant neglects orrefuses, the court shall render judgment of fine or imprisonment, or both, asthe court making the order might have rendered.

 

1-31-124. Injunction in aid of proceedings against banking associations.

 

Anystockholder or stockholders, owning not less than one-fourth (1/4) of the paidin capital stock of any banking association, or entitled to the beneficialinterest therein, may have an injunction pending proceedings in quo warranto,restraining the directors or trustees from making any disposition of the assetsof the corporation prejudicial to the interests of the stockholders orinconsistent with their duties as directors or trustees.

 

1-31-125. Injunction in aid of proceedings against bankingassociations; security required of bank directors.

 

Thecourt may, upon satisfactory proof that the directors or trustees of acorporation have violated or are about to violate any of the franchisesthereof, require them to give security to the stockholders satisfactory to thecourt for the proper discharge of their duties, and for the proper managementand security of the assets. The court may enjoin the directors or trustees frompaying out or issuing the notes of circulation of the bank and from incurringany additional liabilities, except for the payment of the necessary services ofthe officers and employees of the banking association, the amount of whichwhile the proceedings are pending shall be under the control of the court.

 

1-31-126. Injunction against aid of proceedings against bankingassociations; directors may be enjoined from borrowing money.

 

Thecourt may enjoin the directors or trustees from borrowing or issuing, eitherdirectly or indirectly, any of the money or assets of the bank for theirindividual benefit while the proceedings are pending.

 

1-31-127. Limitation upon time of bringing action against corporationsor officer.

 

Nothingin W.S. 1-31-101 through 1-31-130 shall authorize an action against acorporation for forfeiture of charter unless commenced within five (5) yearsafter the act complained of was committed. An action may not be brought againsta corporation for the exercise of a power or franchise under its charter whichit has exercised for a term of twenty (20) years, nor may an action be broughtagainst an officer to oust him from his office unless within three (3) yearsafter the cause of the ouster or the right to hold the office arose.

 

1-31-128. Actions against officers of ousted corporations; limitationupon time.

 

Whenjudgment of forfeiture and ouster is rendered against a corporation because ofmisconduct of the officers, trustees or directors, a person injured thereby maywithin one (1) year, in an action against the officers or directors, recoverdamages sustained by reason of the misconduct.

 

1-31-129. Provisions to be cumulative.

 

Nothingin W.S. 1-31-101 through 1-31-130 is intended to restrain any court fromenforcing the performance of trusts for charitable purposes at the relation ofthe county attorney of the proper county, or from enforcing trusts orrestraining abuses in other corporations at the suit of a person injured.

 

1-31-130. Precedence of actions; speedy trial.

 

Actionsfor quo warranto shall have precedence in any court over any civil businesspending therein. If the matter is of public concern, on the motion of theattorney general or prosecuting attorney, the court shall require as speedy atrial of the merits of the case as may be consistent with the rights of theparties.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter31

CHAPTER 31 - QUO WARRANTO

 

1-31-101. 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 unlawfullyholds or exercises a public office, civil or military, or a franchise withinthis state or an office in a corporation created by authority of this state;

 

(ii) Against a public officer, civil or military, who does orsuffers an act which by law works a forfeiture of his office;

 

(iii) Against an association of persons who act as a corporationwithin this state without being legally incorporated or who fail to comply withthe corporation laws of the state.

 

1-31-102. Actions against corporations.

 

(a) A like action may be brought against a corporation:

 

(i) When it has violated the law governing its creation orrenewal;

 

(ii) When it has forfeited its privileges and franchises bynonuse;

 

(iii) When it has committed or omitted an act which amounts to asurrender of its corporate rights, privileges and franchises;

 

(iv) When it has misused a franchise or privilege conferred uponit by law or exercised a franchise or privilege not so conferred.

 

1-31-103. Commencement of action.

 

Theattorney general or a county attorney shall commence an action when directed bythe governor, supreme court or legislature, or when upon complaint or otherwisehe has good reason to believe that such an action can be established by proof.

 

1-31-104. Upon whose relation action brought; security for costs.

 

(a) The prosecuting officer may bring the action upon his ownrelation or, by leave of court, he may bring the action upon the relation ofanother person. If the action is brought pursuant to W.S. 1-31-101(a)(i), thecourt may require security for costs as in other cases.

 

(b) Upon application for leave to file a petition upon therelation of another person, the court may direct notice thereof to be given tothe defendant previous to granting such leave and may hear the defendant inopposition thereto; and if leave is granted an entry thereof shall be made onthe journal or the fact shall be endorsed by the judge on the petition, whichshall then be filed.

 

1-31-105. Action by person claiming public office; security for costs.

 

Aperson claiming to be entitled to a public office unlawfully held and exercisedby another may bring an action therefor upon giving security for costs.

 

1-31-106. Appointment of attorney when county attorney disabled.

 

Whenthe 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 orpermit any member of the bar to act in his place to bring and prosecute theaction.

 

1-31-107. Petition in action for usurpation of office.

 

Whenthe action is against a person for usurping an office, the petition shall setforth the name of the person who claims to be entitled thereto with an avermentof his right thereto.

 

1-31-108. All claimants may be made defendants.

 

Allpersons who claim to be entitled to the same office or franchise may be madedefendants in the same action.

 

1-31-109. Place of bringing action.

 

Anaction under W.S. 1-31-101 through 1-31-130 can be brought in the supremecourt, 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 which it is situated or has a place of business.

 

1-31-110. Issuance and service of summons.

 

Whenthe petition is filed a summons shall issue and be served as in other cases.

 

1-31-111. Service by publication.

 

Whena summons is returned not served because the defendant or its officers oroffice cannot be found within the county, service by publication may be had asprovided by the Wyoming Rules of Civil Procedure.

 

1-31-112. Judgment in case of usurpation.

 

Whena defendant is found guilty of usurping, intruding into or unlawfully holdingor exercising an office, franchise or privilege, judgment shall be renderedousting the defendant and allowing the relator to recover his costs.

 

1-31-113. Judgment ousting trustee or director of corporation.

 

Whenthe action is against a trustee or director of a corporation and the courtfinds that at his election either illegal votes were received or legal voteswere rejected sufficient to change the result, judgment may be rendered oustingthe defendant and in favor of the person who is entitled to be declared electedat the election.

 

1-31-114. Judgment ousting trustee or director of corporation; orderfor new election of trustee; service.

 

Ina case named in W.S. 1-31-113 the court may order a new election to be held ata time and place and by judges appointed by the court. Notice of the election,naming the judges, shall be given for the time and in the manner provided bylaw for notice of elections of directors or trustees of the corporation. Theorder of the court is obligatory upon the corporation and its officers when aduly certified copy thereof is served upon its secretary personally or left atits principal office with someone of suitable age, and the court may enforceits order by contempt or otherwise.

 

1-31-115. Rights of persons adjudged entitled to office; generally; totake oath and execute bond; taking over office; demanding books and papers.

 

Ifjudgment is rendered in favor of the person claiming to be entitled to anoffice, he may, after taking the oath of office and executing any official bondrequired by law, assume the execution of the office. He shall immediatelydemand of the defendant all books and papers in his custody or within his powerpertaining to the office from which he has been ousted.

 

1-31-116. Rights of persons adjudged entitled to office; action fordamages against person ousted; limitation on time of action.

 

Thesuccessful claimant may at any time within one (1) year after the date of thejudgment, bring an action against the party ousted and recover the damages hesustained by reason of the usurpation.

 

1-31-117. Rights of persons adjudged entitled to office; personrefusing to deliver books or papers deemed guilty of contempt; penalty.

 

Ifthe defendant refuses or neglects to deliver any book or paper pursuant todemand, he is guilty of contempt of court and shall be fined not exceeding tenthousand dollars ($10,000.00), and imprisoned in the county jail until hecomplies with the order of the court or is otherwise discharged by law.

 

1-31-118. Judgment against corporations; corporation to be ousted anddissolved.

 

Whenit is found that a corporation has, by an act done or omitted, surrendered orforfeited its corporate rights, privileges and franchises or has not used thesame for five (5) years, judgment shall be entered that it be ousted andexcluded therefrom, and that it be dissolved. When it is found and adjudgedthat a corporation has offended in any matter or manner which does not work asurrender or forfeiture, or has misused a franchise or exercised a power notconferred by law, judgment shall be entered that it be ousted from thecontinuance of the offense or exercise of the power.

 

1-31-119. Judgment against corporations; appointment of trustees whencorporation dissolved; bond required; powers generally.

 

Thecourt rendering a judgment dissolving a corporation shall appoint trustees ofthe creditors and stockholders of the corporation who, after giving a bondpayable to the state of Wyoming in a sum and with sureties as the court maydesignate, conditioned that they will faithfully discharge their trust andproperly pay and apply all money that may come into their hands, shall havepower to settle the affairs of the corporation, collect and pay outstandingdebts and divide among the stockholders the money and other property whichremains after the payment of debts and necessary expenses.

 

1-31-120. Judgment against corporations; duties and powers oftrustees.

 

Thetrustees shall promptly demand all money, property, books, deeds, notes, bills,obligations and papers of every description within the custody or control ofthe officers of the corporation, which belong to the corporation or are in anyway necessary for the settlement of its affairs or for the discharge of itsdebts and liabilities. They may sue for and recover the demands and property ofthe corporation, and are jointly and severally liable to the creditors andstockholders to the extent of its property and effects which come into theirhands.

 

1-31-121. Judgment against corporations; penalty for failure todeliver items to trustees; enforcement of delivery; liability to trustees.

 

Anofficer of a corporation who refuses or neglects to deliver any money or otherthing pursuant to such demand is guilty of contempt of court and shall be finednot exceeding ten thousand dollars ($10,000.00) and imprisoned in the county jailuntil he complies with the order of the court or is otherwise discharged bylaw. He is liable to the trustees for the value of all money or other thingsrefused or neglected to be surrendered, together with all damages that aresustained by the stockholders and creditors of the corporation in consequenceof the neglect or refusal.

 

1-31-122. Judgment for costs.

 

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

 

1-31-123. Order directing transfer of books and papers; enforcement byfine or imprisonment.

 

Inall actions under W.S. 1-31-101 through 1-31-130, when the judgment is againstthe defendant, the court may make an order directing the defendant promptly todeliver the books, papers, property, money, deeds, notes, bills and obligationsto the persons entitled thereto or the trustees appointed to receive them. Ifcomplaint is made upon affidavit to the district court of a neglect or refusalto comply with the order, the court shall direct an attachment returnableimmediately to issue for the defendant, who may be required to answer underoath touching the premises. If it appears that the defendant neglects orrefuses, the court shall render judgment of fine or imprisonment, or both, asthe court making the order might have rendered.

 

1-31-124. Injunction in aid of proceedings against banking associations.

 

Anystockholder or stockholders, owning not less than one-fourth (1/4) of the paidin capital stock of any banking association, or entitled to the beneficialinterest therein, may have an injunction pending proceedings in quo warranto,restraining the directors or trustees from making any disposition of the assetsof the corporation prejudicial to the interests of the stockholders orinconsistent with their duties as directors or trustees.

 

1-31-125. Injunction in aid of proceedings against bankingassociations; security required of bank directors.

 

Thecourt may, upon satisfactory proof that the directors or trustees of acorporation have violated or are about to violate any of the franchisesthereof, require them to give security to the stockholders satisfactory to thecourt for the proper discharge of their duties, and for the proper managementand security of the assets. The court may enjoin the directors or trustees frompaying out or issuing the notes of circulation of the bank and from incurringany additional liabilities, except for the payment of the necessary services ofthe officers and employees of the banking association, the amount of whichwhile the proceedings are pending shall be under the control of the court.

 

1-31-126. Injunction against aid of proceedings against bankingassociations; directors may be enjoined from borrowing money.

 

Thecourt may enjoin the directors or trustees from borrowing or issuing, eitherdirectly or indirectly, any of the money or assets of the bank for theirindividual benefit while the proceedings are pending.

 

1-31-127. Limitation upon time of bringing action against corporationsor officer.

 

Nothingin W.S. 1-31-101 through 1-31-130 shall authorize an action against acorporation for forfeiture of charter unless commenced within five (5) yearsafter the act complained of was committed. An action may not be brought againsta corporation for the exercise of a power or franchise under its charter whichit has exercised for a term of twenty (20) years, nor may an action be broughtagainst an officer to oust him from his office unless within three (3) yearsafter the cause of the ouster or the right to hold the office arose.

 

1-31-128. Actions against officers of ousted corporations; limitationupon time.

 

Whenjudgment of forfeiture and ouster is rendered against a corporation because ofmisconduct of the officers, trustees or directors, a person injured thereby maywithin one (1) year, in an action against the officers or directors, recoverdamages sustained by reason of the misconduct.

 

1-31-129. Provisions to be cumulative.

 

Nothingin W.S. 1-31-101 through 1-31-130 is intended to restrain any court fromenforcing the performance of trusts for charitable purposes at the relation ofthe county attorney of the proper county, or from enforcing trusts orrestraining abuses in other corporations at the suit of a person injured.

 

1-31-130. Precedence of actions; speedy trial.

 

Actionsfor quo warranto shall have precedence in any court over any civil businesspending therein. If the matter is of public concern, on the motion of theattorney general or prosecuting attorney, the court shall require as speedy atrial of the merits of the case as may be consistent with the rights of theparties.

 

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