When a defendant against whom such action shall have been brought shall be adjudged guilty of usurping or intruding into or unlawfully holding or exercising any office, franchise or privilege, judgment shall be rendered that such defendant be excluded from such office, franchise or privilege, and that the plaintiff recover costs against such defendant.
History: Laws 1919, ch. 28, § 14; C.S. 1929, § 115-114; 1941 Comp., § 26-214; 1953 Comp., § 22-15-14.
ANNOTATIONSCross references. — For costs generally, see 44-3-11 NMSA 1978.
Quo warranto is not proper remedy to test alleged misconduct of a corporate officer as grounds for removal. White v. Clevenger, 1962-NMSC-144, 71 N.M. 80, 376 P.2d 31.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Quo Warranto §§ 116 to 118.
74 C.J.S. Quo Warranto §§ 49, 50, 52.