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QUO WARRANTO Definition & Legal Meaning

Definition & Citations:

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 liberty; 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, aud 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 coriiorate or other franchise, or to a public or corporate office. See Ames v. Kansas, 111 U. S. 440, 4 Sup. Ct. 437. 2S L. Ed. 482; People 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. Kearn, 17 R. I. 391, 22 Atl. 1018.


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