Quo Warranto

The name of a writ by which the question, by what authority persons claiming or usurping any ofiice, franchise, or liberty are acting, is litigated. In old English practice, the writ was in the nature of a writ of right on behalf of the crown, to inquire by what authority the defendant claimed to exercise the office or franchise in question, and then to determine the sufficiency of the authority the court, to show by what authority he claimed. In England, and in most or all of the United States, the writ of quo warranto was superseded by an information in the nature ofr a quo warranto, which, under different forms, affords a similar remedy. The proceedings vary in different jurisdictions, but in all are quite anomalous, as compared with ordinary civil proceedings. Thus, in civil actions generally, the plaintiff is called upon to make out a case against the defendant. But in quo warranto proceedings the defendant is called upon to show that ha has a right to the office or franchise which he claims; and, on his failing to show sufficient authority, judgment must be given against him. In cases involving right to office, judgment against the defendant is judgment of ouster. In cases involving the right to exercise a franchise, judgment against the defendant is for ouster and seizure of the franchise.