USA Statutes : nevada
Title : Title 03 - REMEDIES; SPECIAL ACTIONS AND PROCEEDINGS
Chapter : CHAPTER 35 - QUO WARRANTO
 A civil action may
be brought in the name of the State:

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

      2.  Against a public officer, civil or military, except the 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 a corporation
within this state without being legally incorporated.

      [1911 CPA § 714; RL § 5656; NCL § 9203]—(NRS A 1971, 660)
 A like
action may be brought against a corporation:

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

      2.  When it has forfeited its privileges and franchises by a
nonuser.

      3.  When it has committed or omitted an act which amounts to a
surrender or a forfeiture of its corporate rights, privileges and
franchises.

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

      [1911 CPA § 715; RL § 5657; NCL § 9204]
 The Attorney
General, when directed by the Governor, shall commence any such action;
and when, upon complaint or otherwise, he has good reason to believe that
any case specified in NRS 35.020 can be
established by proof, he shall commence an action.

      [1911 CPA § 716; RL § 5658; NCL § 9205]
 Such officer may, upon his own relation, bring any such action,
or he may, on the leave of the court, or a judge thereof, bring the
action upon the relation of another person; and, if the action be brought
under subsection 1 of NRS 35.010 , he
may require security for costs to be given as in other cases.

      [1911 CPA § 717; RL § 5659; NCL § 9206]
 A person claiming to be entitled to a public office, except the
office of Assemblyman or State Senator, unlawfully held and exercised by
another may, by himself or by an attorney and counselor at law, bring an
action therefor in the name of the State, as provided in this chapter. On
filing the complaint, such person shall enter into an undertaking with
two sufficient sureties, to be approved by the judge, or any judge of the
court in which the action is brought, conditioned that such person will
pay any judgment for costs or damages recovered against him, and all
costs and expenses incurred in the prosecution of the action, which
undertaking shall be filed with the clerk of the court.

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

 When the action is against a person for usurping, intruding into or
unlawfully holding or exercising an office, the complaint shall set forth
the name of the person who claims to be entitled thereto, with an
averment of his right thereto, and judgment may be rendered upon the
right of the defendant, and also upon the right of the person so averred
to be entitled, or only upon the right of the defendant, as justice
requires.

      [1911 CPA § 719; RL § 5661; NCL § 9208]
 All
persons who claim to be entitled to the same office or franchise may be
made defendants in the same action to try their respective rights to such
office or franchise.

      [1911 CPA § 720; RL § 5662; NCL § 9209]
 An
action under this chapter can be brought in the Supreme Court or in the
district court of the proper county.

      [1911 CPA § 721; RL § 5663; NCL § 9210]
 Upon application 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 such leave, and may hear the defendant in
opposition thereto; and if leave be granted, an entry thereof shall be
made on the minutes of the court, or the fact shall be endorsed by the
judge on the complaint, which shall then be filed.

      [1911 CPA § 722; RL § 5664; NCL § 9211]
 When the
complaint is filed without leave and notice, or upon leave and notice in
case all the defendants do not appear, a summons shall issue and be
served as in other cases. When all the defendants appear to oppose the
filing of the complaint, no summons need issue.

      [1911 CPA § 723; RL § 5665; NCL § 9212]
 The pleadings shall be as in other cases.

      [1911 CPA § 724; RL § 5666; NCL § 9213]


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

      2.  If the defendant be found guilty of unlawfully holding or
exercising any office, franchise or privilege, or if a corporation be
found to have violated the law by which it holds its existence, or in any
other manner to have done acts which amount to a surrender or a
forfeiture of its privileges, judgment shall be rendered that such
defendant be ousted and altogether excluded from such office, franchise
or privilege, and also that he pay the costs of the proceedings.

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

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

      [1911 CPA § 725; RL § 5667; NCL § 9214]
 When the
action is against a director of a corporation and the court finds that at
his election, either illegal votes were received or legal votes were
rejected, or both, sufficient to change the result, judgment may be
rendered that the defendant be ousted, and judgment of induction entered
in favor of the person who was entitled to be declared elected at such
election.

      [1911 CPA § 726; RL § 5668; NCL § 9215]
 Such person may, at
any time within 1 year after the date of such judgment, bring an action
against the person ousted and recover the damages he sustained by reason
of such usurpation.

      [1911 CPA § 727; RL § 5669; NCL § 9216]

 When, in any such action, it is found and adjudged that a corporation
has, by an act done or omitted, surrendered or forfeited its corporate
rights, privileges or franchises, or has not used the same during a term
of 2 years, judgment shall be 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 matter or 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
be enjoined from the continuance of such offense or the exercise of such
power.

      [1911 CPA § 728; RL § 5670; NCL § 9217]
 If a corporation is ousted and dissolved by the
proceedings herein authorized, the court shall appoint some disinterested
person as trustee of the creditors and stockholders. The trustee shall
receive a compensation for his services to be fixed by the court.

      [1911 CPA § 729; RL § 5671; NCL § 9218]
 The trustee shall enter into bond in
such a penalty and with such security as the court approves, conditioned
for the faithful discharge of his duties.

      [1911 CPA § 730; RL § 5672; NCL § 9219]
 Suit may be brought on the
bond of the trustee by any person injured by the negligence or wrongful
act of the trustee in the discharge of his duties.

      [1911 CPA § 731; RL § 5673; NCL § 9220]
 The
trustee shall proceed immediately to collect the debts and pay the
liabilities of the corporation, and to divide the surplus among those
thereto entitled.

      [1911 CPA § 732; RL § 5674; NCL § 9221]

 The court shall, upon an application for that purpose, order an officer
of such corporation, or any other person having possession of any of the
effects, books or papers of the corporation, in anywise necessary for the
settlement of its affairs, to deliver the same to the trustee.

      [1911 CPA § 733; RL § 5675; NCL § 9222]
 As soon as
practicable after his appointment, the trustee shall make and file, in
the office of the clerk of the court, an inventory of all the effects,
rights and credits which come to his possession or knowledge, the truth
of which inventory shall be sworn to.

      [1911 CPA § 734; RL § 5676; NCL § 9223]
 The trustee shall sue for
and recover the debts and property of the corporation, and shall be
responsible to the creditors and stockholders, respectively, to the
extent of the effects which come into his hands, in the same manner as
though he were the executor of the estate of a deceased person.

      [1911 CPA § 735; RL § 5677; NCL § 9224]
 When judgment of ouster is rendered against a
corporation on account of the misconduct of the directors or officers
thereof, such officers shall be jointly and severally liable to an action
by anyone injured thereby.

      [1911 CPA § 736; RL § 5678; NCL § 9225]
 Any person
who, without good reason, refuses to obey an order of the court, as
provided in this chapter, shall be deemed guilty of a contempt of court,
and shall be fined in any sum not exceeding $5,000, and imprisoned in the
county jail until he comply with the order, and shall be further liable
for the damages resulting to any person on account of his refusal to obey
such order.

      [1911 CPA § 737; RL § 5679; NCL § 9226]
 Actions under
this chapter in any court shall have precedence of any civil business
pending therein; and the court, if the matter is of public concern,
shall, on motion of the Attorney General, or of the attorney of the
party, require as speedy a trial of the merits of the case as may be
consistent with the rights of the parties.

      [1911 CPA § 738; RL § 5680; NCL § 9227]

 Actions under this chapter commenced in the Supreme Court shall be
conducted in the same manner as if commenced in the district court, and
the Clerk of the Supreme Court shall have the same authority to issue
process and to enter orders and judgments as the clerk of the district
court has in like cases. All pleadings and the conduct of the trial shall
be the same as in the district court. If a jury is required to determine
an issue of fact, the Court shall order the question to be tried before a
jury in the district court of any county designated in such order, and
that the verdict be certified to the Supreme Court.

      [1911 CPA § 739; RL § 5681; NCL § 9228]
 If the action
is commenced in the district court, an appeal may be taken from the final
judgment by either party to the Supreme Court as in other cases; but if
there is judgment of ouster against the defendant, there shall be no stay
of execution or proceedings pending such appeal.

      [1911 CPA § 740; RL § 5682; NCL § 9229]