78B-6-601. Penalty for wrongful refusal to allow writ of habeas corpus. Any judge, whether acting individually or as a member of a court, who wrongfully and willfully refuses to allow a writ of habeas corpus whenever proper application has been made shall forfeit and pay a sum not exceeding $5,000 to the aggrieved party. Renumbered […]
78B-6-602. Recommitment. (1) In all cases where it is claimed that a person is illegally or wrongfully restrained or deprived of his liberty, where restraint or imprisonment is for a criminal offense and there is not sufficient cause for release, even though the commitment may have been informally made or without due authority, or the […]
78B-6-603. Recommitment after discharge forbidden — Exceptions. A person who has been discharged by order of the court or judge upon habeas corpus may not be imprisoned again, restrained, or kept in custody for the same cause, except in the following cases: (1) if the person has been discharged from custody on a criminal charge […]
78B-6-604. Refusing to exhibit authority for detention — Penalty. A person who refuses to deliver a copy of the legal process by which the person detains the plaintiff in custody to anyone who demands a copy for the purpose of filing a writ of habeas corpus is liable to the plaintiff in an amount not […]
78B-6-605. Penalties for wrongful acts of defendant. (1) A defendant, officer, or other person is guilty of a class B misdemeanor and liable to the injured party in an amount not to exceed $5,000 if: (a) the defendant attempts to evade the service of the writ of habeas corpus; or (b) an officer or other […]
78B-6-606. Judgment of removal — Costs — Penalty by fine where state is party. If a defendant is found guilty of usurping, intruding into or unlawfully holding or exercising an office, franchise, or privilege, the court shall order the defendant removed from the office, and that the relator recover the costs of pursuing the action. […]
78B-6-607. Judgment against director of corporation — Of induction in favor of person entitled. When the action is against a director of a corporation, and the court finds that, at the election, either illegal votes were received or legal votes were rejected, or both, sufficient to change the result, the court may order the defendant […]
78B-6-608. Action for damages because of usurpation — Limitation of action. A person may, at any time within one year after the date of an order for removal, bring an action against the party removed under the provisions of Section 78B-6-606 or 78B-6-607 and recover the damages sustained by the usurpation. Renumbered and Amended by […]
78B-6-609. Mandamus and prohibition — Judgment. In any proceeding to obtain a writ of mandate or prohibition, if judgment is given for the applicant, he may recover the damages which were sustained, as found by the jury, or determined by the court, or referees upon a reference, ordered together with costs. For damages and costs […]
78B-6-610. Disobedience of writ — Punishment. When a peremptory writ of mandate or writ of prohibition has been issued and directed to an inferior tribunal, corporation, board, or person, and the court determines that any member of the tribunal, corporation, board, or person upon whom the writ was personally served has, without just excuse, refused […]
