11-39-19 - Judgments against defendants.
§ 11-39-19. Judgments against defendants.
If it be found on the trial of an information that a corporation has forfeited its charter, judgment of ouster from the franchises shall be given, and that it be dissolved; and if it be found, on trial, that persons claiming to exercise a franchise are not entitled to the same, the judgment shall be that such persons be debarred and excluded from the use of the franchise; and in both cases the state shall recover costs. If judgment be against the defendant, finding that he has been exercising the functions of an office without authority, he shall be removed from office and debarred therefrom, and shall pay costs.
The court shall order the defendant to deliver over all records, books, and papers in his custody or under his control, belonging to the office, and may make and enforce all orders proper to carry its judgment into effect.
Sources: Codes, 1857, ch. 35, art. 19; 1871, §§ 1499, 1502; 1880, §§ 2593, 2594; 1892, § 3529; 1906, § 4026; Hemingway's 1917, § 3021; 1930, § 3062; 1942, § 1129.