Montana Code Annotated 2019

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 28. QUO WARRANTO

Part 3. Actions by Private Persons for Usurpation of Office

Rights Of Prevailing Party To Take Office And Demand Books And Papers

27-28-306. Rights of prevailing party to take office and demand books and papers. If judgment is rendered in favor of the person alleged to be entitled to an office, the person may, after taking the oath of office and executing any official bond required by law, take upon the person the execution of the office and the person shall immediately upon taking the office demand of the defendant all the books and papers in the defendant's custody or within the defendant's power pertaining to the office from which the defendant has been ousted.

History: En. Sec. 1425, C. Civ. Proc. 1895; re-en. Sec. 6958, Rev. C. 1907; re-en. Sec. 9591, R.C.M. 1921; re-en. Sec. 9591, R.C.M. 1935; R.C.M. 1947, 93-6416; amd. Sec. 731, Ch. 56, L. 2009.