quo warranto

/kwow waraentow/

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.

A common law writ designed to test whether a person exercising power is legally entitled to do so. An extraordinary proceeding, prerogative in nature, addressed to preventing a continued exercise of authority unlawfully asserted. Johnson v. Manhattan Ry. Co., N.Y., 289 U.S. 479, 53 S.Ct. 721, 77 L.Ed. 1331.

It is intended to prevent exercise of powers that are not conferred by law, and is not ordinarily available to regulate the manner of exercising such powers. An ancient prerogative right through which the state acts to protect itself and the good of public generally through its chosen agents as provided by its Constitution and laws, though sometimes it is brought at instance of and for benefit of a private individual who may have a special interest. Lewis v. Drake, Tex.App., 641 S.W.2d 392, 394.

Legal action whereby legality of exercise of powers by municipal corporation may be placed in issue. People ex rei. City of Des Plaines v. Village of Mount Prospect, 29 Ill.App.3d 807, 331 N.E.2d 373, 377.

In the law of corporations, quo warranto may be used to test whether a corporation was validly organized or whether it has power to engage in the business in which it is involved. The federal rules are applicable to proceedings for quo warranto "to the extent that the practice in such proceedings is not set forth in statutes of the United States and has heretofore conformed to the practice in civil actions." Fed.R. Civil P. 81(aX2).

Any remedy that could have been obtained under the historic writ of quo warranto may be obtained by a civil action of that nature. U. S. v. Nussbaum, D.C.Cal., 306 F.Supp. 66.