Whenever the right to any office is decided, the judgment fixing the right shall further provide for the delivery to the person held to be entitled to the office of all the books and papers of every sort belonging to the office, which judgment shall be enforced as decrees in equity are enforced.
§ 9-6-66.Disposition of books and papers by judgment
Chapter 6. Extraordinary Writs · Article 4. Quo Warranto · Last amended 1933 · Last verified July 17, 2026
In one sentenceOnce a Georgia court decides who holds the legal right to an office in a quo warranto case, this section requires the judgment to also order delivery of every book and paper belonging to the office to the person confirmed as its rightful holder, enforceable the same way equity decrees are enforced.
Full Text of § 9-6-66
Plain-English Summary
Winning a quo warranto case settles who holds the office, but this section makes sure the victory comes with the tools to do the job. Whenever the right to an office is decided, the judgment fixing that right must also order the delivery of every book and paper belonging to the office to the person confirmed as its rightful holder.
That requirement reaches records “of every sort” tied to the office — not just a symbolic handover, but the files, ledgers, and papers a new officeholder needs to keep the office running. A ruling that named a winner but left the old occupant holding the office’s records would leave that person unable to function.
Enforcement follows the equity track that runs through this article: the judgment is enforced the same way decrees in equity are enforced, giving the court the tools to compel compliance rather than leaving the losing occupant free to ignore a bare declaration of rights.
Frequently Asked Questions
What must a judgment include once a court decides the right to a public office in a quo warranto case?
An order for delivery to the person entitled to the office of all the books and papers of every sort belonging to the office.
Who receives the office’s books and papers under this section?
The person the judgment holds to be entitled to the office.
How is a judgment ordering delivery of an office’s books and papers enforced?
The same way decrees in equity are enforced.
Does this section cover records that belong to the office itself, or only records the losing occupant personally created?
It covers books and papers of every sort belonging to the office, not a narrower category tied to who created them.
Why does the section require delivery of records rather than stopping at a declaration of who holds the office?
Because the judgment must go further and order the records handed over, ensuring the confirmed officeholder has what is needed to run the office rather than a title alone.
Amendment History
Ga. L. 1871-72, p. 41, § 2; Code 1873, § 3209; Code 1882, § 3209; Civil Code 1895, § 4884; Civil Code 1910, § 5457; Code 1933, § 64-202.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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