2. Purpose of the Writ

Quo Warranto offers a remedy by way of a c civil action initiated by the Attorney General in the name of the state against a person who has allegedly usurped, holds or exercises a public office, franchise within the state or an office within a corporation created under the authority of the State of Montana.  State ex rel. Paugh v. Bradley, 231 Mont. 46, 49, 753 P.2d 857, 859 (1988). 

A person claiming entitlement to a public office that is usurped and exercised by another may bring an action in the name of the state claiming entitlement to a specific public office.  Sections 27-28-104 and 27-28-301, MCA.