[Rev. 11/21/2013 8:59:40 AM--2013]

CHAPTER 35 - QUO WARRANTO

NRS 35.010             Action in name of State against public officer, association or usurper of public office or franchise.

NRS 35.020             Action in name of State against corporation.

NRS 35.030             Attorney General to begin action.

NRS 35.040             Action brought on relation of another; security for costs.

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

NRS 35.060             Name of person entitled to office set forth in complaint; judgment may determine rights of both incumbent and claimant.

NRS 35.070             All claimants to same office made defendants.

NRS 35.080             Jurisdiction in Supreme Court or district court. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 35.080             Jurisdiction in appellate or district court. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

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

NRS 35.100             Issuance of summons; when unnecessary.

NRS 35.110             Pleadings.

NRS 35.120             Judgment of ouster; relator to recover costs; delivery of books by defendant; violation by corporation.

NRS 35.130             Judgment ousting director of corporation.

NRS 35.140             Action for damages within 1 year.

NRS 35.150             Judgment against corporation; dissolution or restraint.

NRS 35.160             Court shall appoint trustee for dissolved corporation; trustee’s compensation.

NRS 35.170             Bond of trustee.

NRS 35.180             Suit on trustee’s bond.

NRS 35.190             Trustee to collect debts and divide surplus.

NRS 35.200             Court shall order books and effects delivered to trustee.

NRS 35.210             Trustee to file sworn inventory with clerk.

NRS 35.220             Responsibilities of trustee.

NRS 35.230             Liability of corporation directors when judgment of ouster rendered.

NRS 35.240             Penalty for refusal to obey order of court.

NRS 35.250             Actions in quo warranto take precedence.

NRS 35.260             Procedure in Supreme Court same as in district court; determination of issue of fact to be tried by jury in district court. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 35.260             Procedure in appellate court same as in district court; determination of issue of fact to be tried by jury in district court. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 35.270             Appeal does not stay judgment of ouster. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 35.270             Appeal does not stay judgment of ouster. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

_________

 

      NRS 35.010  Action in name of State against public officer, association or usurper of public office or franchise.  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, Assemblywoman 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, Assemblywoman or State Senator, who does or suffers an act which, by the provisions of law, works a forfeiture of the 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)

      NRS 35.020  Action in name of State against corporation.  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]

      NRS 35.030  Attorney General to begin action.  The Attorney General, when directed by the Governor, shall commence any such action; and when, upon complaint or otherwise, the Attorney General has good reason to believe that any case specified in NRS 35.020 can be established by proof, the Attorney General shall commence an action.

      [1911 CPA § 716; RL § 5658; NCL § 9205]

      NRS 35.040  Action brought on relation of another; security for costs.  Such officer may, upon the officer’s own relation, bring any such action, or the officer 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, the officer may require security for costs to be given as in other cases.

      [1911 CPA § 717; RL § 5659; NCL § 9206]

      NRS 35.050  Action for usurpation by claimant in name of State; bond.  A person claiming to be entitled to a public office, except the office of Assemblyman, Assemblywoman or State Senator, unlawfully held and exercised by another may, by himself or herself 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 the person, 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)

      NRS 35.060  Name of person entitled to office set forth in complaint; judgment may determine rights of both incumbent and claimant.  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 the person’s 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]

      NRS 35.070  All claimants to same office made defendants.  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]

      NRS 35.080  Jurisdiction in Supreme Court or district court. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]  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]

      NRS 35.080  Jurisdiction in appellate or district court. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]  An action under this chapter can be brought in the Supreme Court, the Court of Appeals or the district court of the proper county.

      [1911 CPA § 721; RL § 5663; NCL § 9210]—(NRS A 2013, 1743, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

      NRS 35.090  Application to file complaint; notice to defendant; hearing.  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]

      NRS 35.100  Issuance of summons; when unnecessary.  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]

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

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

      NRS 35.120  Judgment of ouster; relator to recover costs; delivery of books by defendant; violation by corporation.

      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 the relator’s costs. The court, after such judgment, shall order the defendant to deliver over all books and papers in the defendant’s custody or under the defendant’s 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 the defendant pay the costs of the proceedings.

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

      NRS 35.130  Judgment ousting director of corporation.  When the action is against a director of a corporation and the court finds that at the director’s 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]

      NRS 35.140  Action for damages within 1 year.  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 the person sustained by reason of such usurpation.

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

      NRS 35.150  Judgment against corporation; dissolution or restraint.  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]

      NRS 35.160  Court shall appoint trustee for dissolved corporation; trustee’s compensation.  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 the trustee’s services to be fixed by the court.

      [1911 CPA § 729; RL § 5671; NCL § 9218]

      NRS 35.170  Bond of trustee.  The trustee shall enter into bond in such a penalty and with such security as the court approves, conditioned for the faithful discharge of the trustee’s duties.

      [1911 CPA § 730; RL § 5672; NCL § 9219]

      NRS 35.180  Suit on trustee’s bond.  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 the trustee’s duties.

      [1911 CPA § 731; RL § 5673; NCL § 9220]

      NRS 35.190  Trustee to collect debts and divide surplus.  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]

      NRS 35.200  Court shall order books and effects delivered to trustee.  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]

      NRS 35.210  Trustee to file sworn inventory with clerk.  As soon as practicable after the trustee’s 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 the trustee’s possession or knowledge, the truth of which inventory shall be sworn to.

      [1911 CPA § 734; RL § 5676; NCL § 9223]

      NRS 35.220  Responsibilities of trustee.  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 the trustee’s hands, in the same manner as though the trustee were the executor of the estate of a deceased person.

      [1911 CPA § 735; RL § 5677; NCL § 9224]

      NRS 35.230  Liability of corporation directors when judgment of ouster rendered.  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]

      NRS 35.240  Penalty for refusal to obey order of court.  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 the person complies with the order, and shall be further liable for the damages resulting to any other person on account of the person’s refusal to obey such order.

      [1911 CPA § 737; RL § 5679; NCL § 9226]

      NRS 35.250  Actions in quo warranto take precedence.  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]

      NRS 35.260  Procedure in Supreme Court same as in district court; determination of issue of fact to be tried by jury in district court. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]  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]

      NRS 35.260  Procedure in appellate court same as in district court; determination of issue of fact to be tried by jury in district court. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]  Actions under this chapter commenced in the Court of Appeals or 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 of Appeals or the Supreme 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 Court of Appeals or to the Supreme Court, as applicable.

      [1911 CPA § 739; RL § 5681; NCL § 9228]—(NRS A 2013, 1744, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

      NRS 35.270  Appeal does not stay judgment of ouster. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]  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]

      NRS 35.270  Appeal does not stay judgment of ouster. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]  If the action is commenced in the district court, an appeal may be taken from the final judgment by either party to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution, 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]—(NRS A 2013, 1744, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)