2005 Nevada Revised Statutes - Chapter 35 — Quo Warranto

CHAPTER 35 - QUO WARRANTO

NRS 35.010 Actionin name of State against public officer, association or usurper of publicoffice or franchise.

NRS 35.020 Actionin name of State against corporation.

NRS 35.030 AttorneyGeneral to begin action.

NRS 35.040 Actionbrought on relation of another; security for costs.

NRS 35.050 Actionfor usurpation by claimant in name of State; bond.

NRS 35.060 Nameof person entitled to office set forth in complaint; judgment may determinerights of both incumbent and claimant.

NRS 35.070 Allclaimants to same office made defendants.

NRS 35.080 Jurisdictionin Supreme Court or district court.

NRS 35.090 Applicationto file complaint; notice to defendant; hearing.

NRS 35.100 Issuanceof summons; when unnecessary.

NRS 35.110 Pleadings.

NRS 35.120 Judgmentof ouster; relator to recover costs; delivery of books by defendant; violationby corporation.

NRS 35.130 Judgmentousting director of corporation.

NRS 35.140 Actionfor damages within 1 year.

NRS 35.150 Judgmentagainst corporation; dissolution or restraint.

NRS 35.160 Courtshall appoint trustee for dissolved corporation; trustees compensation.

NRS 35.170 Bondof trustee.

NRS 35.180 Suiton trustees bond.

NRS 35.190 Trusteeto collect debts and divide surplus.

NRS 35.200 Courtmay order books and effects delivered to trustee.

NRS 35.210 Trusteeto file sworn inventory with clerk.

NRS 35.220 Responsibilitiesof trustee.

NRS 35.230 Liabilityof corporation directors when judgment of ouster rendered.

NRS 35.240 Penaltyfor refusal to obey order of court.

NRS 35.250 Actionsin quo warranto take precedence.

NRS 35.260 Procedurein Supreme Court same as in district court; determination of issue of fact tobe tried by jury in district court.

NRS 35.270 Appealdoes not stay judgment of ouster.

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NRS 35.010 Actionin name of State against public officer, association or usurper of publicoffice or franchise. A civil action may bebrought in the name of the State:

1. Against a person who usurps, intrudes into, orunlawfully holds or exercises, a public office, civil or military, except theoffice of assemblyman or state senator, or a franchise, within this state, oran officer in a corporation created by the authority of this state.

2. Against a public officer, civil or military, exceptthe office of Assemblyman or State Senator, who does or suffers an act which,by the provisions of law, works a forfeiture of his office.

3. Against an association of persons who act as acorporation within this state without being legally incorporated.

[1911 CPA 714; RL 5656; NCL 9203](NRS A 1971,660)

NRS 35.020 Actionin name of State against corporation. A likeaction may be brought against a corporation:

1. When it has offended against a provision of an actby or under which it was created, altered or renewed, or any act altering oramending such acts.

2. When it has forfeited its privileges and franchisesby a nonuser.

3. When it has committed or omitted an act whichamounts to a surrender or a forfeiture of its corporate rights, privileges andfranchises.

4. When it has misused a franchise or privilegeconferred upon it by law, or exercised a franchise or privilege not soconferred.

[1911 CPA 715; RL 5657; NCL 9204]

NRS 35.030 AttorneyGeneral to begin action. The Attorney General,when directed by the Governor, shall commence any such action; and when, uponcomplaint or otherwise, he has good reason to believe that any case specifiedin NRS 35.020 can be established byproof, he shall commence an action.

[1911 CPA 716; RL 5658; NCL 9205]

NRS 35.040 Actionbrought on relation of another; security for costs. Suchofficer may, upon his own relation, bring any such action, or he may, on theleave of the court, or a judge thereof, bring the action upon the relation ofanother person; and, if the action be brought under subsection 1 of NRS 35.010, he may require security forcosts to be given as in other cases.

[1911 CPA 717; RL 5659; NCL 9206]

NRS 35.050 Actionfor usurpation by claimant in name of State; bond. Aperson claiming to be entitled to a public office, except the office ofAssemblyman or State Senator, unlawfully held and exercised by another may, byhimself or by an attorney and counselor at law, bring an action therefor in thename of the State, as provided in this chapter. On filing the complaint, suchperson shall enter into an undertaking with two sufficient sureties, to beapproved by the judge, or any judge of the court in which the action isbrought, conditioned that such person will pay any judgment for costs ordamages recovered against him, and all costs and expenses incurred in theprosecution of the action, which undertaking shall be filed with the clerk ofthe court.

[1911 CPA 718; RL 5660; NCL 9207](NRS A 1971,660)

NRS 35.060 Nameof person entitled to office set forth in complaint; judgment may determinerights of both incumbent and claimant. Whenthe action is against a person for usurping, intruding into or unlawfullyholding or exercising an office, the complaint shall set forth the name of theperson who claims to be entitled thereto, with an averment of his rightthereto, and judgment may be rendered upon the right of the defendant, and alsoupon the right of the person so averred to be entitled, or only upon the rightof the defendant, as justice requires.

[1911 CPA 719; RL 5661; NCL 9208]

NRS 35.070 Allclaimants to same office made defendants. Allpersons who claim to be entitled to the same office or franchise may be madedefendants in the same action to try their respective rights to such office orfranchise.

[1911 CPA 720; RL 5662; NCL 9209]

NRS 35.080 Jurisdictionin Supreme Court or district court. An actionunder this chapter can be brought in the Supreme Court or in the district courtof the proper county.

[1911 CPA 721; RL 5663; NCL 9210]

NRS 35.090 Applicationto file complaint; notice to defendant; hearing. Uponapplication for leave to file a complaint, the court or judge may, in its discretion,direct notice thereof to be given to the defendant previous to granting suchleave, and may hear the defendant in opposition thereto; and if leave begranted, an entry thereof shall be made on the minutes of the court, or thefact shall be endorsed by the judge on the complaint, which shall then befiled.

[1911 CPA 722; RL 5664; NCL 9211]

NRS 35.100 Issuanceof summons; when unnecessary. When the complaintis filed without leave and notice, or upon leave and notice in case all the defendantsdo not appear, a summons shall issue and be served as in other cases. When allthe defendants appear to oppose the filing of the complaint, no summons needissue.

[1911 CPA 723; RL 5665; NCL 9212]

NRS 35.110 Pleadings. The pleadings shall be as in other cases.

[1911 CPA 724; RL 5666; NCL 9213]

NRS 35.120 Judgmentof ouster; relator to recover costs; delivery of books by defendant; violationby corporation.

1. When a defendant is found guilty of usurping,intruding into or unlawfully holding or exercising an office, franchise orprivilege, judgment shall be rendered that such defendant be ousted andaltogether excluded therefrom, and that the relator recover his costs. Thecourt, after such judgment, shall order the defendant to deliver over all booksand papers in his custody or under his control belonging to the office, to theparties entitled thereto.

2. If the defendant be found guilty of unlawfullyholding or exercising any office, franchise or privilege, or if a corporationbe found to have violated the law by which it holds its existence, or in anyother manner to have done acts which amount to a surrender or a forfeiture ofits privileges, judgment shall be rendered that such defendant be ousted andaltogether excluded from such office, franchise or privilege, and also that hepay the costs of the proceedings.

3. If the defendant be found to have exercised merelycertain individual powers and privileges to which he is not entitled, thejudgment shall be the same as above directed, but only in relation to thoseparticulars in which he is thus exceeding the lawful exercise of his rights andprivileges.

4. In case judgment is rendered against a pretended,but not real, corporation, the costs may be collected from any person who hasbeen acting as an officer or proprietor of such pretended corporation.

[1911 CPA 725; RL 5667; NCL 9214]

NRS 35.130 Judgmentousting director of corporation. When theaction is against a director of a corporation and the court finds that at hiselection, either illegal votes were received or legal votes were rejected, orboth, sufficient to change the result, judgment may be rendered that thedefendant be ousted, and judgment of induction entered in favor of the personwho was entitled to be declared elected at such election.

[1911 CPA 726; RL 5668; NCL 9215]

NRS 35.140 Actionfor damages within 1 year. Such person may, atany time within 1 year after the date of such judgment, bring an action againstthe person ousted and recover the damages he sustained by reason of suchusurpation.

[1911 CPA 727; RL 5669; NCL 9216]

NRS 35.150 Judgmentagainst corporation; dissolution or restraint. When,in any such action, it is found and adjudged that a corporation has, by an actdone or omitted, surrendered or forfeited its corporate rights, privileges orfranchises, or has not used the same during a term of 2 years, judgment shallbe entered that it be ousted and excluded therefrom, and that it be dissolved;and when it is found and adjudged that a corporation has offended in any matteror manner which does not work such surrender or forfeiture or has misused a franchise,or exercised a power not conferred by law, judgment shall be entered that it beenjoined from the continuance of such offense or the exercise of such power.

[1911 CPA 728; RL 5670; NCL 9217]

NRS 35.160 Courtshall appoint trustee for dissolved corporation; trustees compensation. If a corporation is ousted and dissolved by theproceedings herein authorized, the court shall appoint some disinterestedperson as trustee of the creditors and stockholders. The trustee shall receivea compensation for his services to be fixed by the court.

[1911 CPA 729; RL 5671; NCL 9218]

NRS 35.170 Bondof trustee. The trustee shall enter into bondin such a penalty and with such security as the court approves, conditioned forthe faithful discharge of his duties.

[1911 CPA 730; RL 5672; NCL 9219]

NRS 35.180 Suiton trustees bond. Suit may be brought on thebond of the trustee by any person injured by the negligence or wrongful act ofthe trustee in the discharge of his duties.

[1911 CPA 731; RL 5673; NCL 9220]

NRS 35.190 Trusteeto collect debts and divide surplus. Thetrustee shall proceed immediately to collect the debts and pay the liabilitiesof the corporation, and to divide the surplus among those thereto entitled.

[1911 CPA 732; RL 5674; NCL 9221]

NRS 35.200 Courtmay order books and effects delivered to trustee. Thecourt shall, upon an application for that purpose, order an officer of suchcorporation, or any other person having possession of any of the effects, booksor papers of the corporation, in anywise necessary for the settlement of itsaffairs, to deliver the same to the trustee.

[1911 CPA 733; RL 5675; NCL 9222]

NRS 35.210 Trusteeto file sworn inventory with clerk. As soon aspracticable after his appointment, the trustee shall make and file, in theoffice of the clerk of the court, an inventory of all the effects, rights andcredits which come to his possession or knowledge, the truth of which inventoryshall be sworn to.

[1911 CPA 734; RL 5676; NCL 9223]

NRS 35.220 Responsibilitiesof trustee. The trustee shall sue for and recoverthe debts and property of the corporation, and shall be responsible to the creditorsand stockholders, respectively, to the extent of the effects which come intohis hands, in the same manner as though he were the executor of the estate of adeceased person.

[1911 CPA 735; RL 5677; NCL 9224]

NRS 35.230 Liabilityof corporation directors when judgment of ouster rendered. When judgment of ouster is rendered against a corporationon account of the misconduct of the directors or officers thereof, suchofficers shall be jointly and severally liable to an action by anyone injuredthereby.

[1911 CPA 736; RL 5678; NCL 9225]

NRS 35.240 Penaltyfor refusal to obey order of court. Any personwho, without good reason, refuses to obey an order of the court, as provided inthis chapter, shall be deemed guilty of a contempt of court, and shall be finedin any sum not exceeding $5,000, and imprisoned in the county jail until hecomply with the order, and shall be further liable for the damages resulting toany person on account of his refusal to obey such order.

[1911 CPA 737; RL 5679; NCL 9226]

NRS 35.250 Actionsin quo warranto take precedence. Actions underthis chapter in any court shall have precedence of any civil business pendingtherein; and the court, if the matter is of public concern, shall, on motion ofthe Attorney General, or of the attorney of the party, require as speedy atrial of the merits of the case as may be consistent with the rights of theparties.

[1911 CPA 738; RL 5680; NCL 9227]

NRS 35.260 Procedurein Supreme Court same as in district court; determination of issue of fact tobe tried by jury in district court. Actionsunder this chapter commenced in the Supreme Court shall be conducted in thesame manner as if commenced in the district court, and the Clerk of the SupremeCourt shall have the same authority to issue process and to enter orders andjudgments as the clerk of the district court has in like cases. All pleadingsand the conduct of the trial shall be the same as in the district court. If ajury is required to determine an issue of fact, the Court shall order thequestion to be tried before a jury in the district court of any countydesignated in such order, and that the verdict be certified to the SupremeCourt.

[1911 CPA 739; RL 5681; NCL 9228]

NRS 35.270 Appealdoes not stay judgment of ouster. If theaction is commenced in the district court, an appeal may be taken from thefinal judgment by either party to the Supreme Court as in other cases; but ifthere is judgment of ouster against the defendant, there shall be no stay ofexecution or proceedings pending such appeal.

[1911 CPA 740; RL 5682; NCL 9229]