§ 34-17-3-5 Judgment of ouster

Codes > Indiana Code > Title 34 > Article 17 : Chapter 3 > 34-17-3-5 Judgment

34-17-3-5 Judgment of ouster

    Sec. 5. (a) This section applies whenever:

        (1) a person is found guilty of usurping, intruding into, or unlawfully exercising:

            (A) an office or a franchise within Indiana; or

            (B) an office in a corporation created by the authority of this state;

        (2) a public officer thus charged is found guilty of having done or suffered an act which, by law, works a forfeiture of the office; or

        (3) an association or number of persons is found guilty of having acted as a corporation, without having been legally incorporated.

    (b) The court shall give judgment of ouster against the defendant and:

        (1) exclude the defendant from the office, franchise, or corporate rights;

        (2) in cases of corporations, dissolve the corporation; and

        (3) adjudge costs in favor of the plaintiff.