If the judgment be rendered upon the right of the person so alleged to be entitled and such judgment be in favor of such person, he shall be entitled, after taking the oath of office and executing such official bond as may be required by law, to take upon himself the execution of the office, and he shall immediately thereafter demand of the defendant in the action all the books and papers in his custody or within his power belonging to the office from which he shall have been excluded.
HISTORY: 1962 Code Section 10-2263; 1952 Code Section 10-2263; 1942 Code Section 836; 1932 Code Section 836; Civ. P. '22 Section 784; Civ. P. '12 Section 471; Civ. P. '02 Section 433; 1870 (14) 524 Section 452.
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Chapter 63 - Quo Warranto And Scire Facias
Section 15-63-10. Provisions of chapter are in lieu of scire facias and quo warranto.
Section 15-63-70. Action to vacate or annul letters patent.
Section 15-63-80. One action may be brought against several persons claiming office or franchise.
Section 15-63-90. Joining of relator as plaintiff.
Section 15-63-100. Security for costs.
Section 15-63-110. Complaint and arrest of defendant in action for usurping office.
Section 15-63-120. Judgment in action for usurping office.
Section 15-63-130. Assumption of office by relator, when judgment is in his favor.
Section 15-63-150. Recovery of damages from usurper.
Section 15-63-160. Judgment of exclusion from office or franchise; penalty for usurpation.
Section 15-63-170. Judgment of forfeiture against corporation.
Section 15-63-180. Costs against corporation or persons claiming to be such.
Section 15-63-190. Restraining corporation; appointment of receiver.
Section 15-63-200. Filing judgment roll against corporation or vacating letters patent.
Section 15-63-210. Entry of judgment relating to letters patent; disposition of realty.