| Dictionary: Quo· war·ran·to |
[So called from the Law L. words quo warranto (by what authority), in the original Latin form of the writ. See
(Law) A writ brought before a proper tribunal, to inquire by what warrant a person or a corporation acts, or exercises certain powers. Blackstone.
Note: An information in the nature of a quo warranto is now common as a substitute for the writ. Wharton.
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| Business Dictionary: Quo Warranto |
Ancient Common Law writ that was issued out of chancery on behalf of the king against one who claimed or usurped any office, Franchise, or liberty, to inquire by what authority he asserted such a right, in order that the legitimacy of the assertion might be determined. Formerly a criminal method of prosecution, it has long since lost its criminal character and is now a civil proceeding, expressly recognized by Statute, and usually employed for trying the title to a corporate franchise or to a corporation or public office.
| US Supreme Court: Quo Warranto |
An extraordinary writ of medieval origin, quo warranto (Lat., “by what warrant”) evolved over time into a proceeding, either criminal or civil, to contest a party's occupation or use of an office or franchise. In the United States, the Supreme Court described it in Johnson v. Manhattan Railway Co. (1933) as “addressed to preventing a continued exercise of authority unlawfully asserted,” brought by the state or federal government against any person alleged to “exercise an office or authority without lawful right” (p. 502).
— William M. Wiecek
| Law Dictionary: Quo Warranto |
Lat: by what right or authority; an ancient common law writ, issued out of chancery on behalf of the king against one who claimed or usurped any office, franchise or liberty, to inquire by what authority he asserted such a right thereto in order that its assertion might be determined. 38 N.E. 2d 2, 5. "Formerly a criminal method of prosecution, it has long since lost its criminal character, and is now a civil proceeding, expressly recognized by statute, and usually employed for trying the title to a corporate franchise or to a corporate or public office." 234 S.W. 344, 347. Only the state may bring an action quo warranto.
"Quo warranto" proceedings may be brought against corporations where the company has abused or failed for a long time to exercise its franchise; in the case of an official it may be brought to cause him to forfeit an office for misconduct. If in these cases a quo warranto proceeding determines that a company no longer properly holds a franchise or that an officer no longer properly holds office, it will oust the wrongdoer from enjoying the franchise or office. The purpose of the writ is not to prevent an improper exercise of power lawfully possessed; its purpose is to prevent an official, corporation, or persons acting as such from usurping a power which they do not have. See 148 S.W. 2d 527, 530.
| Wikipedia: Quo warranto |
Quo warranto (Medieval Latin for "by what warrant?") is a prerogative writ requiring the person to whom it is directed to show what authority he has for exercising some right or power (or "franchise") he claims to hold.
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Quo warranto had its origins in an attempt by King Edward I of England to investigate and recover royal lands, rights, and franchises in England,[1] in particular those lost during the reign of his father, King Henry III of England.[2][3] From 1278 to 1294, Edward dispatched justices throughout the Kingdom of England to inquire “by what warrant” English lords held their lands and exercised their jurisdictions (often the right to hold a court and collect its profits). Initially, the justices demanded written proof in the form of charters, but resistance and the unrecorded nature of many grants forced Edward to accept those rights peacefully exercised since 1189.[1][4] Later, quo warranto functioned as a court order (or "writ") to show proof of authority; for example, demanding that someone acting as the sheriff prove that the king had actually appointed him to that office (literally, "By whose warrant are you the sheriff?").
In the United States today, quo warranto usually arises in a civil case as a plaintiff's claim (and thus a "cause of action" instead of a writ) that some governmental or corporate official was not validly elected to that office or is wrongfully exercising powers beyond (or ultra vires) those authorized by statute or by the corporation's charter.
In some jurisdictions which have enacted judicial review statutes, such as Queensland (Australia), the prerogative writ of quo warranto has been abolished.[5]
"Quo Warranto". Encyclopædia Britannica (11th ed.). 1911.
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 | Dictionary. Webster 1913 Dictionary edited by Patrick J. Cassidy Read more |
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| Business Dictionary. Dictionary of Business Terms. Copyright © 2000 by Barron's Educational Series, Inc. All rights reserved. Read more |
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| US Supreme Court. The Oxford Companion to the Supreme Court of the United States. Copyright © 1992, 2005 by Oxford University Press. All rights reserved. Read more |
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| Law Dictionary. Law Dictionary. Copyright © 2003 by Barron's Educational Series, Inc. All rights reserved. Read more |
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