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.
Structure Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Part 3. Actions by Private Persons for Usurpation of Office
27-28-301. When action may be commenced -- undertaking for security
27-28-302. Contents of complaint
27-28-303. Who may be made defendants
27-28-304. Whose rights determined in judgment
27-28-305. No stay of judgment of ouster pending appeal
27-28-306. Rights of prevailing party to take office and demand books and papers
27-28-307. Refusal to turn over books and papers punishable as contempt