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 unlawfully holds or exercises a public office, civil or military, or a franchise within this state or an office in a corporation created by authority of this state; (ii) […]
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 or renewal; (ii) When it has forfeited its privileges and franchises by nonuse; (iii) When it has committed or omitted an act which amounts to a surrender of its corporate rights, […]
1-31-103. 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.
1-31-104. 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 may require security for costs as in […]
1-31-105. 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.
1-31-106. 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 prosecute the action.
1-31-107. 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.
1-31-108. 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.
1-31-109. 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 which it is […]
1-31-110. Issuance and service of summons. When the petition is filed a summons shall issue and be served as in other cases.
1-31-111. 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.
1-31-112. 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.
1-31-113. 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 rendered ousting the defendant and in favor of the […]
1-31-114. 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, shall be given for […]
1-31-115. 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 official bond required by law, assume […]
1-31-116. 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 sustained by reason of the usurpation.
1-31-117. 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 ten thousand dollars ($10,000.00), and imprisoned in […]
1-31-118. 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 entered that it be ousted and excluded therefrom, and […]
1-31-119. 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 to the state of Wyoming in a sum and with sureties as the court may designate, […]
1-31-120. 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 corporation or are in any way necessary for the settlement of its affairs […]
