A common law prerogative writ brought in the name of the State of Montana to inquire into and provide a remedy for unlawful assertion of authority by which person is holding a public office or to revoke a corporate charter. Section 27-28-101, MCA.
No person or persons authorized to exercise legislative, executive and judicial power may exercise power belonging to another branch of government. Art. III, § 1 of the Montana Constitution, Separation of Powers; State ex rel. Paugh v. Bradley, 231 Mont. 46, 753 P.2d 857 (1988).