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.
Cross 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.
Structure 2021 New Mexico Statutes
Chapter 44 - Miscellaneous Civil Law Matters
Section 44-3-1 - [Commencement of proceedings; complaint; writ permissive.]
Section 44-3-2 - [Trial; time; use of jury permissive.]
Section 44-3-3 - [Name of private relator to be shown.]
Section 44-3-4 - [Who may bring action; private relators; when action lies.]
Section 44-3-5 - [Cost bond to be posted by private relator.]
Section 44-3-7 - [Right to elective office; allegations concerning election.]
Section 44-3-9 - [Judgment; nature; expiration of term of office before rendition.]
Section 44-3-13 - [Joinder of defendants.]