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§ 1535.Judgment For Plaintiff

Chapter 29: Quo Warranto · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 1535 lets a plaintiff who wins an office contest take up the office's functions once properly qualified, and requires the court to order the ousted defendant to hand over all the office's books and papers.

Full Text of § 1535

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If judgment be rendered in favor of the plaintiff or person entitled, he shall proceed to exercise the functions of the office, after he has been qualified as required by law; and the court shall order the defendant to deliver over all the books and papers in his custody or within his power, belonging to the office from which he shall have been ousted.

Amendment History

R.L. 1910, § 4923.

Plain-English Summary

Winning the case is only half the job. Once judgment favors the plaintiff or the person entitled to the office, that person can begin exercising the office's functions -- but only after being qualified as the law requires, the same as anyone else taking office. The court backs that up with an order: the defendant who's been ousted must deliver over all the books and papers in their custody or power that belong to the office.

Frequently Asked Questions

Can the winning plaintiff take office immediately after judgment?

Only after being qualified as required by law, the same as anyone else assuming the office.

What must the ousted defendant hand over?

All the books and papers in the defendant's custody or power that belong to the office.

Does the court have to order the defendant to turn over records, or is that automatic?

The court orders it as part of the judgment for the plaintiff.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source
Also known as: ousted officer turn over records oklahoma12 O.S. § 1535judgment for plaintiff quo warranto oklahomaqualifying for office after winning contest