Quo Warranto

[scooterdog]

I'm looking at this;

"27-28-301. When action may be commenced -- undertaking for security. A person claiming to be entitled to a public office unlawfully held and exercised by another, individually or by an attorney, may bring an action for the office in the name of the state, as provided in this chapter. On filing the complaint, the 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 the 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. The undertaking must be filed with the clerk of the court. :

and...

"27-28-302. Contents of complaint. When the action is against a person for usurping an office, the complaint must set forth the name of the person who claims to be entitled to the office, with a statement of the person's right to the office."

If I were to do this, I have a Felony Conviction. It appears, once filed, the burdon shifts to the sheriff.

I'm Wonder if it would matter on my part. Even though I could not hold office, the sheriff would have to show he is not usurping office. IF he lost, the office would simply be open and they would have to find a new sheriff. What do you think?

[EZrhythm]

I think that I like the way you think!

[tsunamix1]

  i think i would have to get the shining light of the press involved, just to make sure everyone knows whos doin what!!   dont want some unexplained "accidents".  Folks can get mighty touchy about their unexposed wrongs..........

[scooterdog]

LOL, I did that when I sued the sheriff last time, and was beaten for 25 min in a bar. They refused to allow me sign a criminal complaint, and only charged the guy with simple assault.

You are right, and I will be sending copies of everything to the US Attorney's office in Billings as well.

[No Jurisdiction]

I don't know if that is Quo Warranto my friend. It could be. Quo Warranto is a common law writ. It also survives unless displaced by a statute.

not all statutes which cover the same subject as the common law actually repeal the common law. It is that way for the law of names.

Also the Recorder's Office, and the court clerk's office are executive offices and not judicial offices. The court clerk is only given quasi-judicial powers.

[scooterdog]

Clerk of district court is under: Title 3, Judiciary see:
http://data.opi.mt.gov/bills/MCA_toc/3_5_5.htm

The law I provided is from Quo Warranto: Title 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

Quo Warranto, Chapter 28 : http://data.opi.mt.gov/bills/MCA_toc/27_28.htm

Sheriff is under Local Government (executive):
http://data.opi.mt.gov/bills/MCA_toc/7_32_21.htm

[scooterdog]

I wish I had more info. In Montana, a sheriff can be "recalled", and that would never happen here with this prick.

Election is comming up, and even if he runs, it looks more like a "tea party" member will be elected( I hope).

It's a bitch all the way around. These cops, not just in Montana, but everywhere in Amerika are way out of control.

Check out this article from a Montana news paper:
http://billingsgazette.com/news/local/article_fee8de68-2c0f-11df-9bf3-001cc4c002e0.html

[tsunamix1]

  I agree, these govt officials that interact with the people on a daily basis, are clearly out of control.  Things would be different if more people in your social circle, were as aware of the problem as you are. The truths that took some time and effort for you to come to understand, doesnt hold enough appeal for others, in a way that would cause them to put in some effort to understand, and come to that feeling of righteous indignation, when their public servants are treating them like slaves.