Admin

Legal Forums arrow Legal Dictionary

INFORMATION IN THE NATURE OF A WRIT OF QUO WARRANTO

Legal Term: INFORMATION IN THE NATURE OF A WRIT OF QUO WARRANTO
Definition: remedies. The name of a proceeding against any one who usurps a franchise or office. 2. Informations of this kind are filed in the highest courts of ordinary jurisdiction in the several states, either by the attorney-general, of his own authority, or by the prosecutor, who is entitled, pro forma, to use his name, as the case may be. 6 Cowen, R. 102, n.; 10 Mass. 290; 2 Dall. 112; 2 Halst. R. 101; 1 Rep Const. Ct. So. Car. 86; 3 Serg. & Rawle, 52; 15 Serg. & Rawle, 127: Though, in form, these informations are criminal, they are, in their nature, but civil proceedings. 3 T. R. 484; Kyd on Corp. 439. They are used to try a civil right, or to oust a wrongful possessor of an office. 3 Dall. 490; 1 Serg. & Rawle. 385, For a full and satisfactory statement of the law on this subject, the reader is referred to Angell on Corp. ch. 20. p. 469. And see Quo Warranto.


***All definitions are taken from the 1856 Edition of Bouviers Law Dictionary
Copyright © 2006 - 2008 Rochester Ideas, LLC. All rights reserved. Our site is valid CSS Our site is valid XHTML 1.0 Transitional