Quo Warranto in United States
Quo Warranto Definition
(Lat. by what authority). In Old Practice. The name of a writ (and also of the whole pleading) by which the government commences an action to recover an office or franchise from the person or corporation in possession of it. The writ commands the sheriff to summon the defendant to appear before the court to which it is returnable, to show (qua warranto) by what authority he claims the office or franchise. It was a writ of right, a Civil remedy to try the mere right to the franchise or office, where the person in possession never had a right to it, or has forfeited it by neglect or abuse. 33 Miss. 523; 3 Bl. Comm. 262, 263. The action of quo warranto was prescribed by the statute of Gloucester (6 Edw. I), and is a limitation upon the royal prerogative. Before this statute, the king, by virtue of his prerogative,, sent commissions over the kingdom to inquire’ into the right to all franchises, quo jure quove nomine UK retinent, etc.; and, as they were grants from the crown, if those in possession of them could not show a charter, the franchises were seized into the king’s hands without any judicial proceeding. Like all other original civil writs, the writ of quxi warranto- issued out of chancery, and was returnable alternatively before the king’s bench or justices in eyre. 2 Inst. 277-283, 494-499; 2 Term R. 549. See 4 Term R. 381; 2 Strange, 819, 1196. In Modern Practice. The writ of quo warranto has given place to an information in the nature of quo warranto. 3 Bl. Comm. 263; 1 Serg. & R. (Pa.) 382; 58 N. H. 113. Such informations ordinarily issue in the name of the attorney general, either ex officio, or on the relation of some private person. The remedy by quo warranto is the proper one to try title to public (1 Ark. 279; 33 Miss. 509) or corporate office (20 Fla. 784; 61 Pa. 339) , or to revoke a charter or franchise (8 Vt. 489; 45 Wis. 579). The judgment on an information in the nature of quo warranto is not punitive, but extends only to ouster from the office or franchise usurped. 3 Bl, Comm. 263; 4 Wis. 567.
Quo Warranto in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Quo Warranto | Quo Warranto in the World Legal Encyclopedia. |
| Quo Warranto | Quo Warranto in the European Legal Encyclopedia. |
| Quo Warranto | Quo Warranto in the Asian Legal Encyclopedia. |
| Quo Warranto | Quo Warranto in the UK Legal Encyclopedia. |
| Quo Warranto | Quo Warranto in the Australian Legal Encyclopedia. |
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| Quo Warranto | Quo Warranto in the Family Law Portal of the American Encyclopedia of Law. |
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| Quo Warranto | Quo Warranto in the Employment and Labor Portal of the American Encyclopedia of Law. |
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Legal Issue for Attorneys
(Lat. by what authority). In Old Practice. The name of a writ (and also of the whole pleading) by which the government commences an action to recover an office or franchise from the person or corporation in possession of it. The writ commands the sheriff to summon the defendant to appear before the court to which it is returnable, to show (qua warranto) by what authority he claims the office or franchise. It was a writ of right, a Civil remedy to try the mere right to the franchise or office, where the person in possession never had a right to it, or has forfeited it by neglect or abuse. 33 Miss. 523; 3 Bl. Comm. 262, 263. The action of quo warranto was prescribed by the statute of Gloucester (6 Edw. I), and is a limitation upon the royal prerogative. Before this statute, the king, by virtue of his prerogative,, sent commissions over the kingdom to inquire’ into the right to all franchises, quo jure quove nomine UK retinent, etc.; and, as they were grants from the crown, if those in possession of them could not show a charter, the franchises were seized into the king’s hands without any judicial proceeding. Like all other original civil writs, the writ of quxi warranto- issued out of chancery, and was returnable alternatively before the king’s bench or justices in eyre. 2 Inst. 277-283, 494-499; 2 Term R. 549. See 4 Term R. 381; 2 Strange, 819, 1196. In Modern Practice. The writ of quo warranto has given place to an information in the nature of quo warranto. 3 Bl. Comm. 263; 1 Serg. & R. (Pa.) 382; 58 N. H. 113. Such informations ordinarily issue in the name of the attorney general, either ex officio, or on the relation of some private person. The remedy by quo warranto is the proper one to try title to public (1 Ark. 279; 33 Miss. 509) or corporate office (20 Fla. 784; 61 Pa. 339) , or to revoke a charter or franchise (8 Vt. 489; 45 Wis. 579). The judgment on an information in the nat
ure of quo warranto is not punitive, but extends only to ouster from the office or franchise usurped. 3 Bl, Comm. 263; 4 Wis. 567.
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Notice
This definition of Quo Warranto is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.
Practical Information
Note: Some of this information was last updated in 1982
A writ (in U.S. law) of inquiry as to the warrant or authority for doing the act complained of. The writ tests the right of a person to hold an office or franchise or to exercise some right or privilege derived from the state. Quo warranto affirms an existing right to an office, or it sets aside wrongful claims of a pretender. An information in the nature of a quo warranto has replaced the old writ, but the terms information in the nature of a quo warranto and quo warranto are used interchangeably and synonymously and have substantially the same purpose. The power to file a quo warranto is incident to the office of the attorney general, but the privilege of instituting the proceeding upon the refusal of the attorney general to act has been granted to private individuals in their capacity as taxpayers and citizens.
What is Quo Warranto?
For a meaning of it, read Quo Warranto in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Quo Warranto.
Quo Warranto
Introduction to Quo Warranto
Quo Warranto (Latin, “by what warrant”), in law, in the United Kingdom and the United States, title of a special proceeding by which the state or an aggrieved individual begins an action to inquire into the right of an individual or corporation to hold a particular office or franchise.
Examples of cases in which quo warranto proceedings are used in the U.S. are the usurpation of a public office by an individual not properly elected; the assumption of unlawful powers by officers of private corporations; and an inquiry into the right of a public-service corporation to have a specific franchise. The right of a foreign corporation to do business in a state can also be questioned by a quo warranto proceeding. In most states such proceedings are brought in the name of the attorney general of the state, either in his or her official capacity or in his or her name as
a private individual.
These proceedings may be brought only in the highest courts of original jurisdiction and are generally triable by jury, although not in New York State. In actions brought by attorneys general for the usurpation or unlawful exercise of an office, they may in their complaint give the name of the person rightfully entitled to such office and show that person’s right thereto. The defendant may be subject to a fine and also a suit by the aggrieved individual for damages sustained as a result of usurpation of office by the defendant. Attorneys general may also secure orders for the civil arrest of defendants on the ground of fraud if by means of the usurpation these defendants have received any fees belonging to the office.” (1)
Quo Warranto and Corporate Law
This section provides basic coverage of Quo Warranto in relation to U.S. state and federal corporate law. For comprehensive coverage, please visit the main entry.
Quo warranto Background
Resources
See Also
- Corporate Law
Quo warranto Background
Resources
Notes and References
- Information about Quo Warranto in the Encarta Online Encyclopedia
Guide to Quo Warranto
Quo Warranto in State Statute Topics
Introduction to Quo Warranto (State statute topic)
The purpose of Quo Warranto is to provide a broad appreciation of the Quo Warranto legal topic. Select from the list of U.S. legal topics for information (other than Quo Warranto).
Quo Warranto and Corporate Law
This section provides basic coverage of Quo Warranto in relation to U.S. state and federal corporate law. For comprehensive coverage, please visit the main entry.
Quo warranto Background
Resources
See Also
- Corporate Law
Quo warranto Background
Resources
Further Reading
- Information about Quo Warranto in the Gale Encyclopedia of American Law.
Quo Warranto in the context of Juvenile and Family Law
Definition ofQuo Warranto, published by the National Council of Juvenile and Family Court Judges: Lit., “By what authority … ?” an extraordinary writ usually issued by a higher court to prevent continued assertion of unlawful authority by a public officer.
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