38-364. Summary proceedings to obtain property
and records of office
If any person refuses or neglects to deliver to the lawful incumbent any property or
records pertaining to the office or the duties of the office, the incumbent may apply by
petition to the superior court of the county in which the person resides, and the court
shall proceed in a summary manner, after notice to the adverse party, to hear the
petition and enter judgment thereon. The execution of the judgment and the delivery of
the books and papers may be enforced by attachment, and also by a warrant directed to the
sheriff or a constable of the county, commanding him to search for the books and papers,
and to take and deliver them to the petitioner.
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