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Quo Warranto

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

In old English practice. A writ, in the nature of a writ of right for the king, against him who claimed or usurped any office, franchise or llberty, to inquire by what authority he supported his claim, in order to determine the right. It lay also in case of non-user or long neglect of a franchise or misuser or abuse of it; being a writ commanding the defendant to show by what warrant he exercises such a franchise, having never had any grant of it or having forfeited it by neglect or abuse.

3 BL Comm. 262.

In England, and quite generally throughout the United States, this writ has given place to an "information in the nature of a quo warranto," which, though in form a criminal proceeding, is in effect a civil remedy similar to the old writ, and is the method now usually employed for trying the title to a corporate or other franchise, or to a publlc or corporate office.

See Ames v. Kansas, 111 U. S. 449, 4 Sup. Ct. 437, 28 In Ed. 482; Pcople v. Londoner, 13 Colo. 303, 22 Pac. 764, 6 L. R. A. 444; State v. Owens, 63 Tex. 270; State v. Gleason, 12 Fla. 190; State v. Keam, 17 R. I. 391, 22 Atl. 1018.