
	Where results make sense

Topic: Quo warranto

Related Topics

Prerogative writ

Procedendo

Writ

Mandamus

Certiorari

Habeas corpus

Supreme Court of India

Injunction

Latin

Civil law

Canon law

Prerogative writ

	Reference.com/Encyclopedia/Quo warranto
		Quo warranto (Medieval Latin for "by what warrant?") is one of the prerogative writs, the one that requires the person to whom it is directed to show what authority he has for exercising some right or power (or "franchise") he claims to hold.
		Quo Warranto had its origins in an attempt by King Edward I of England to investigate and recover royal lands, rights, and franchises in England, in particular those lost during the reign of his father, King Henry III of England.
		Later, Quo Warranto functioned as a court order (or "writ") to show proof of authority; for example, demanding that someone acting as the sheriff prove that the king had actually appointed him to that office (literally, "By whose warrant are you the sheriff?").
	www.reference.com /browse/wiki/Quo_warranto (311 words)

	Quo Warranto - LoveToKnow 1911 (Site not responding. Last check: 2007-11-01)
		QUO WARRANTO, in English law, the name given to an ancient prerogative writ calling upon any person usurping any office, franchise, liberty or privilege belonging to the Crown, to show "by what warrant" he maintained his claim, the onus being on the defendant.
		The procedure was regulated by statute as early as 1278 (the statute of Quo Warranto, 6 Edw.
		The most famous historical instance of quo warranto was the action taken against the corporation of London by Charles II.
	www.1911encyclopedia.org /Quo_Warranto (508 words)

	Extraordinary Remedies
		Quo warranto is an extraordinary procedure used to prevent an official or legal entity from exercising its authority in an unlawful manner and to try title to a public office, corporate office or franchise.
		If the person against whom a quo warranto action is brought is found to not have a valid claim to the office or authority he is holding or exercising, he can be ousted from office or prevented from continuing to exercise that authority.
		Accordingly, quo warranto may be initiated in either a circuit or appellate court, depending on the nature of the case and the respondent.
	www.mobar.org /4df86bfb-bd0f-496f-975b-6d30db2e274e.aspx (3416 words)

	CHAPTER 918 MANDAMUS, NE EXEAT, PROHIBITION AND QUO WARRANTO
		In a quo warranto proceeding questioning the appointment of the defendant to an office, the burden of proof is upon the defendant to establish his legal right to the office.
		When a complaint in the nature of a quo warranto is brought, the court shall award costs to the prevailing party against the other party as in other civil cases.
		Any court having cognizance of writs of habeas corpus, mandamus, quo warranto, prohibition or ne exeat may, in any action pending before it, make any order, interlocutory or final, in the nature of any such writ, to the extent of its jurisdiction, so far as it may appear to be an appropriate form of relief.
	www.cga.ct.gov /2005/pub/Chap918.htm (1709 words)

	Nicolopulos v. City of Lawndale
		Appellant contends quo warranto does not apply to this case, because at the time of the trial court proceedings, Paula Hartwill had not yet been elected to fill the alleged vacancy, and Pamela Giamario was merely an acting city clerk until the vacancy was filled by either appointment or special election.
		Even assuming for discussion that quo warranto did not then apply to the acting city clerk, we have judicially noticed that now there is a de facto incumbent of the office and term to which appellant desires to be restored.
		Upon successful trial of the quo warranto action, the applicant is restored to office and entitled to damages sustained by reason of the usurpation.
	www.law.com /regionals/ca/opinions/aug/b144311.shtml (1940 words)

	Quo warranto - Wikipedia, the free encyclopedia
		Quo warranto (Medieval Latin for "by what warrant?") is one of the prerogative writs, the one that requires the person to whom it is directed to show what authority he has for exercising some right or power (or "franchise") he claims to hold.
		Quo Warranto had its origins in an attempt by King Edward I of England to investigate and recover royal lands, rights, and franchises in England, in particular those lost during the reign of his father, King Henry III of England.
		Later, Quo Warranto functioned as a court order (or "writ") to show proof of authority; for example, demanding that someone acting as the sheriff prove that the king had actually appointed him to that office (literally, "By whose warrant are you the sheriff?").
	en.wikipedia.org /wiki/Quo_warranto (441 words)

	3-04-0038, Watson v. Waste Management of Illinois, Inc.
		A quo warranto proceeding is generally regarded as an appropriate and adequate remedy to determine the right or title to public office and to oust an incumbent who has unlawfully usurped or intruded into such office.
		The court found that the existence of a quo warranto remedy was not grounds for refusing to entertain a complaint for declaratory judgment, and therefore upheld the trial court's determination that quo warranto was the plaintiffs' exclusive remedy.
		It would seem that both the common law and the quo warranto statute were born of the commonsense recognition that it is not in the public interest to allow individuals, without restriction, to file lawsuits challenging the authority of public officials to act.
	www.state.il.us /court/Opinions/AppellateCourt/2006/3rdDistrict/February/Html/3040038.htm (2034 words)

	Notes on quo warranto proceedings
		A writ of quo warranto is in the nature of a writ of right for the king, against him who claims or usurps any office, franchise, or liberty, to inquire by what authority he supports his claim, in order to determine his right."
		The granting of quo warranto against a corporation is equivalent to a judgment of seizure at common law.
		Horton, 47 A. Quo warranto used to determine the constitutionality and status of a police officer.
	www.constitution.org /uslaw/q-w_cases.htm (1425 words)

	SC84301: State of Missouri, ex inf. Jeremiah W. (Jay) Nixon, Attorney General of Missouri, Appellant, v. Cole County ...
		Quo warranto is available only where it is alleged that an official has exercised a power he or she does not have, not where, as here, it is alleged that the official exercised an existing power wrongly or for too long of a period.
		The writ of quo warranto is not a substitute for mandamus or injunction nor for an appeal or writ of error.
		In other words, quo warranto is only available to deal with usurpation of power not possessed; prohibition or mandamus is the appropriate remedy where, as here, the basis of the allegation against respondent judges is really that they have illegally or improperly used powers granted to them.
	www.courts.mo.gov /Courts/PubOpinions.nsf/0/df0016ac97b76e3686256c790068c11c?OpenDocument (2155 words)

	Quo Warranto - Search Results - MSN Encarta
		Quo Warranto - Search Results - MSN Encarta
		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...
		Quo Vadis, motion picture about the Roman emperor Nero, based on an 1896 book by Polish novelist Henryk Sienkiewicz.
	encarta.msn.com /Quo_Warranto.html (138 words)

	Corporation Counsel, memorandum on standing in IG case, June 13, 2003
		Therefore, the procedures in the District's quo warranto statute should be construed as being the exclusive procedures available at law - as opposed to equity - for seeking and obtaining the ouster of a public official such as the incumbent Inspector General.
		The Court noted that, if the general public interest were sufficient to authorize citizens and taxpayers to invoke quo warranto, then a public officer might, from the beginning to the end of his or her term, be harassed with proceedings to try his or her title to office.
		From the foregoing, it is apparent that the Council lacks standing, generally and in the context of the quo warranto statute, to seek to enforce their legislation and remove the incumbent Inspector General from office.
	www.dcwatch.com /govern/ig030613b.htm (2571 words)

	2 No. 57: In the Matter of Larry Delgado v. Carolee Sunderland, &c., et al.
		Hockley moved to dismiss the proceeding, arguing that a quo warranto action, through which the Attorney General challenges an officeholder's title, was the sole procedure for contesting the results, and that Supreme Court lacked jurisdiction under the Election Law to look behind the canvass and adjudicate Delgado's claim of machine error in a summary proceeding.
		In Sheils, however, unlike this case, quo warranto was not available because the declared officeholder had died and the aggrieved candidate, who sought to establish the term of the office, had been appointed to fill the vacancy.
		Delgado nonetheless urges that, entirely independent of quo warranto, when there are circumstances such as those presented here, the courts should determine whether the irregularity affected the election process and be empowered to order a new general election.
	www.law.cornell.edu /nyctap/I02_0025.htm (1140 words)

	Docket No. 91715, People ex rel. Graf v. Village of Lake Bluff (Il. S. Ct.)
		The circuit court of Lake County denied plaintiffs' motion for leave to file a complaint in quo warranto seeking to challenge the annexation of a parcel of land on the basis that it was not contiguous to the annexing village.
		In denying plaintiffs' motion for leave to file a quo warranto action in this case, the trial court construed section 7-1-2 of the Code and determined that the jurisdictional prerequisites to the filing of a court-approved annexation proceeding were set out in that section.
		In answering the quo warranto petition, the City raised the defense of justification, asserting that its right to annex the territory in dispute was derived from court orders in an annexation proceeding initiated under section 7-1-2 of the Code.
	www.state.il.us /court/Opinions/SupremeCourt/2003/June/Opinions/Html/91715.htm (7172 words)

	Quo Warranto
		But quo warranto worked by sending justices into the county and announcing that anyone with a franchise from the king must present himself with the justification for the franchise.
		There was no further question that where franchises were concerned the king was entitled to put the holder to a full and immediate answer by the bare challenge quo warranto.
		Sutherland, Donald W. Quo Warranto Proceedings in the Reign of Edward I 1278-1294, Oxford.
	www.boyntons.us /yorkshire/stories/quowarranto.html (922 words)

	Quo Warranto - Legal Opinions - Office of the Attorney General - California Dept. of Justice
		A quo warranto action is filed typically to remove a person from public office.
		A quo warranto action may be brought against any person who usurps, intrudes into, or unlawfully holds or exercises any public office or franchise.
		A quo warranto action may also be brought against any corporation, either de jure or de facto, which usurps, intrudes into, or unlawfully holds or exercises any franchise within California.
	caag.state.ca.us /opinions/quo_warranto.php?PHPSESSID=0739569142b2d4b2aa0557de5a01e47c (155 words)

	Illinois Municipal League: Legal Department
		The plaintiffs lacked standing to challenge the annexation in a quo warranto action because the lack of contiguity is a factual matter that may not be asserted in a quo warranto action.
		The trial court denied plaintiffs’ request to file a quo warranto action because the trial court found that the plaintiffs lacked standing to challenge the annexations as residents and taxpayers.
		On appeal, the Supreme Court noted that the decision to deny a petition for leave to file a quo warranto action is a matter within the trial court’s sound discretion, and only a clear abuse of that discretion or an application of impermissible legal criteria justifies reversal.
	www.iml.org /dbs/imllegal/dyncat.cfm?catid=812 (531 words)

	Tex. Att'y Gen. Op. No. JC-0514 (2002) -- John Cornyn Administration
		The constable may continue to perform his duties until he is removed from office by a judgement of a district court in a quo warranto proceeding, which may be initiated by the attorney general, the district attorney, or the county attorney.
		Quo warranto is generally the exclusive procedure to declare that an elected official is no longer qualified to occupy his or her elected office.
		Whether to petition a court for leave to file an information in the nature of a quo warranto is within the sole discretion of the attorney general or the district or county attorney.
	www.oag.state.tx.us /opinions/op49cornyn/jc-0514.htm (2729 words)

	Public Citizen \| Texas State Office \| Texas State Office - Letter to Travis County Attorney Ken Oden
		"Quo warranto is an ancient common-law writ that gave the king an action against a person who claimed or usurped any office, franchise, or liberty, to inquire by what authority that person supported the claim to hold office." Newsome v.
		In the modern context, "a proceeding in quo warranto is the exclusive legal remedy afforded to the public by which it may protect itself against the unlawful occupancy of public office by an occupant." Saenz v.
		A county attorney is given express statutory authority to commence a quo warranto proceeding in the name of the State of Texas.
	www.citizen.org /texas/CleanPolitic/Ethics/Conf_Intsrt/articles.cfm?ID=6682 (716 words)

	2003 NYSlipOp 18444
		The common-law writs of quo warranto and scire facias were abolished and the Legislature provided that "the remedies heretofore obtainable in those forms, may be obtained by civil actions" (Code of Procedure § 428).
		Accordingly, we hold that an action in the nature of quo warranto must be commenced within six years of the time that the alleged usurper assumed public office or prior to the expiration of the term of office, whichever occurs first.
		The law with respect to quo warranto actions and the applicable statute of limitations was, for the most part, set in the 19th century or earlier.
	www.courts.state.ny.us /REPORTER/slips/18444.htm (1668 words)

	South Carolina Judicial Department - Opinions
		A quo warranto action is rooted in the common law writ designed to test whether a person exercising power is legally entitled to do so.
		In fact, some courts have reasoned that a quo warranto action brought by the state is a desirable or required method of challenging an annexation in order to avoid numerous individual suits.
		The State contends a quo warranto action generally is not barred by any statute of limitations, relying on the common law doctrine of nullum tempus occurrit regi ("time does not run against the king").
	www.judicial.state.sc.us /opinions/displayOpinion.cfm?caseNo=25065 (3398 words)

	How Will Lockyer Respond to PD's Call for Quo Warranto?
		from the attorney general to file an action in quo warranto, and gained it, she could have asked in that action for a declaration that she, as top voter getter among the two legally qualified candidates in the March, 2001 primary, is entitled to the office.
		Given that quo warranto is the exclusive means of attacking an official’s entitlement to office, the overruling of the demurrers was inevitable.
		The defendants have said, in essence, “We don’t regard Delgadillo as the lawful holder of office as city attorney.” The unarticulated estoppel theory that underlies the “de facto” officials cases is clearly inapplicable in light of the demurrers.
	www.metnews.com /articles/2004/perspectives040904.htm (2087 words)

	Washington Corporation Law: Structure of Washington Corporations and Avenues Toward Involuntary Dissolution
		This creates an ambiguity as to who would actually bring a quo warranto proceeding before the state supreme court as against a state officer; however, for purposes of filing against corporations, the superior courts have jurisdiction, and the proper person to file is the county prosecuting attorney.
		This is important in that such an action might not be considered an extraordinary remedy as is quo warranto, and therefore might not be subject to the "all other remedies must be exhausted" requirement to which a quo warranto action is subject.
		Since quo warranto addresses primarily whether the corporation had the authority to act, and RCW 23B.03.020 gives corporations the authority to act in every manner as natural persons, the corporation must act illegally in order to be outside its authority.
	www.endgame.org /charter-wa2.html (2686 words)

	[No title] (Site not responding. Last check: 2007-11-01)
		Quo Warranto is one of the most important writs in common law.
		Quo warranto shall lie for one clear inexcusable violation, as a matter of law.
		Quo warranto is the sole and exclusive remedy for the examination of right and title to office under the common law.
	newguards.us /brent/Quo_Warranto.html (201 words)

	North Carolina Appellate Court Cases - Opinions of Court Case Law from NC - North Carolina Court - unoffical reports - ...
		Barker brought the subject quo warranto action on 17 March 2000; however, the complaint and summons were not served upon Mr.
		Quo warranto, which was a writ used to try title to an office, has been abolished, and replaced by a statutory action under N.C. Gen. Stat.
		The requirement that the complaint and summons in a private quo warranto action be served within ninety days is not set by the Rules of Civil Procedure, but rather by a statute enacted by the General Assembly, N.C. Gen. Stat.
	www.romingerlegal.com /northcarolina/HTML/000719-1.htm (1312 words)

	QUO WARRANTO - Online Information article about QUO WARRANTO
		early as 1278 (the statute of Quo Warranto, 6 Edw.
		United States the right to a public office is tried by quo warranto or similar procedure, regulated by the state See also:
		Proceedings by quo warranto lie in a United States court for the removal of persons holding office contrary to See also:
	encyclopedia.jrank.org /PYR_RAY/QUO_WARRANTO.html (1482 words)

Try your search on: Qwika (all wikis)