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

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

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Terms Used In Indiana Code 34-17-3-5

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Plaintiff: The person who files the complaint in a civil lawsuit.
(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.

[Pre-1998 Recodification Citation: 34-1-59-11.]

As added by P.L.1-1998, SEC.12.