Quo Ligatur

EO DISSOLVITUR. By the same mode by which a thing is bound, by that is it released. 2 Ro Ue, 21. QUO MINUS (Lat.) The name of a writ. In England, when the king's debtor is sued in the court of the exchequer, he may have a writ quo minus by which he avers the wrong done byhim by defendant, quo rmnue necessary to give jurisdiction to the court of exchequer. QUO MODO QUID CONSTITUITUR EOdem modo dissolvitur. In the same manner by which anything is constituted, by that it is dissolved. Jenk. Cent. Cas. 74. QUO WARRANTO (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 qu^ 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. QUOAD HOC (Lat. as to this; with respect to this). A term frequently used to signify, as to the thing named, the law is so and so.