INFORMATION IN THE NATURE OF A WRIT OF QUO WARRANTO
(bouvier) | INFORMATION IN THE NATURE OF A WRIT OF QUO WARRANTO, 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.
|