| slovo | definícia |
quo warranto
(encz) | quo warranto, n: |
Quo warranto
(gcide) | Quo warranto \Quo` war*ran"to\ (kw[=o]` w[o^]r*r[a^]n"t[-o]).
[So called from the Law L. words quo warranto (by what
authority), in the original Latin form of the writ. See
Which, and Warrant.] (Law)
A writ brought before a proper tribunal, to inquire by what
warrant a person or a corporation acts, or exercises certain
powers. --Blackstone.
[1913 Webster]
Note: An information in the nature of a quo warranto is now
common as a substitute for the writ. --Wharton.
[1913 Webster] |
quo warranto
(wn) | quo warranto
n 1: a hearing to determine by what authority someone has an
office or franchise or liberty |
QUO WARRANTO
(bouvier) | QUO WARRANTO, remedies. By what authority or warrant. The name of a writ
issued in the name of a government against any person or corporation that
usurps any franchise or office, commanding the sheriff of the county to
summon the defendant to be and appear before the court whence the writ
issued, at a time and place therein named, to show "quo warranto" he claims
the franchise or office mentioned in the writ. Old Nat. Br. 149; 5 Wheat.
291; 15 Mass. 125; 5 Ham. 358; 1 Miss. 115.
2. This writ has become obsolete, having given way to informations in
the nature of a quo warranto at the common law; Ang. on Corp. 469; it is
authorized in Pennsylvania by legislative sanction. Act 14 June, 1836. Vide
1 Vern. 156; Yelv. 190; 7 Com. Dig. 189; 17 Vin. Ab. 177.
3. An information in the nature of a quo warranto, although a criminal
proceeding in form, in substance, is a civil one. 1 Serg. & Rawle, 382.
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| | podobné slovo | definícia |
Quo warranto
(gcide) | Quo warranto \Quo` war*ran"to\ (kw[=o]` w[o^]r*r[a^]n"t[-o]).
[So called from the Law L. words quo warranto (by what
authority), in the original Latin form of the writ. See
Which, and Warrant.] (Law)
A writ brought before a proper tribunal, to inquire by what
warrant a person or a corporation acts, or exercises certain
powers. --Blackstone.
[1913 Webster]
Note: An information in the nature of a quo warranto is now
common as a substitute for the writ. --Wharton.
[1913 Webster] |
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.
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QUO WARRANTO
(bouvier) | QUO WARRANTO, remedies. By what authority or warrant. The name of a writ
issued in the name of a government against any person or corporation that
usurps any franchise or office, commanding the sheriff of the county to
summon the defendant to be and appear before the court whence the writ
issued, at a time and place therein named, to show "quo warranto" he claims
the franchise or office mentioned in the writ. Old Nat. Br. 149; 5 Wheat.
291; 15 Mass. 125; 5 Ham. 358; 1 Miss. 115.
2. This writ has become obsolete, having given way to informations in
the nature of a quo warranto at the common law; Ang. on Corp. 469; it is
authorized in Pennsylvania by legislative sanction. Act 14 June, 1836. Vide
1 Vern. 156; Yelv. 190; 7 Com. Dig. 189; 17 Vin. Ab. 177.
3. An information in the nature of a quo warranto, although a criminal
proceeding in form, in substance, is a civil one. 1 Serg. & Rawle, 382.
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