Quo warranto

Defined in 6 dictionaries — Case Law, Ballentine's (1916), Bouvier (1914), Black's (1910), Abbott (1879), Bouvier (1839)

Definitions from Case Law

From 289 U.S. 479 - Johnson v. Manhattan Railway Co. · 1933Most cited · 906 citing opinions

Quo warranto is addressed to preventing a continued exercise of authority unlawfully asserted, not to a correction of what already has been done under it or to a vindication of private rights. It is an extraordinary proceeding, prerogative in nature

Show all 5 Supreme Court definitions and how they changed over time 1820–1933

Ballentine's Law Dictionary

James A. Ballentine · 1916

A writ issuable by the state at will and of right, and is a demand made by it upon an individual, to show by what right he exercises a franchise which cannot lawfully be exercised, except by virtue of some grant or authority emanating from it. See 3 Ark. 570, 36 Am. Dec. 460.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

A proceeding against the usurper of a franchise or office. See Quo Warranto.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

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.

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Benjamin Vaughan Abbott · 1879

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States

John Bouvier · 1839

remedtes. By what authority or warrant..The name of a writ issued in the name of a government against any person or corporation that usurps any franchise or office, commanding the sheriff of the county to summon the defendant to be and appear before the court whence the writ issued at a time and place therein named, to show “ quo warranto” he claims the franchise or office mentioned in the writ. Old Nat. Br. 149. This writ has become obsolete, having given way to informations in the nature _ of a quo warranto at the common law, Ang. on Corp. 469; it is authosanction. Act 14 June, 1836, Purd. Dig. Stroud’s ed. 848. Vide 1 Vern. 156; Yelv.190; 7 Com. Dig. 189; 17 Vin. Ab. 177.