Missouri Statute | Act | Code |Statutory Actions And Torts| US Code - US Statute

In case any person shall usurp, intrude into or unlawfully hold
or execute any office or franchise, the attorney general of the state, or
any circuit or prosecuting attorney of the county in which the action is
commenced, shall exhibit to the circuit court, or other court having
concurrent jurisdiction therewith in civil cases, an information in the
nature of a quo warranto, at the relation of any person desiring to
prosecute the same; and when such information has been filed and
proceedings have been commenced, the same shall not be dismissed or
discontinued without the consent of the person named therein as the
relator; but such relator shall have the right to prosecute the same to
final judgment, either by himself or by attorney; provided if the person
named therein is a member or employee of the judicial branch of
government, and the persons desiring to prosecute the proceeding include
the majority of the circuit and associate circuit judges of the circuit
in which that person is employed, the suit may proceed without the
approval or participation of the attorney general or any prosecuting
attorney, and for all purposes under this chapter, such judges shall be
considered the "relator" and may file and prosecute such matter without
costs as provided by section 531.050. If such information be filed or
exhibited against any person who has usurped, intruded into or is
unlawfully holding or executing the office of judge of any judicial
circuit, then it shall be the duty of the attorney general of the state,
or circuit or prosecuting attorney of the proper county, to exhibit such
information to the circuit court of some county adjoining and outside of
such judicial circuit, and nearest to the county in which the judge so
offending shall reside. (RSMo 1939 § 1782, A.L. 1996 S.B. 869)

Prior revisions: 1929 § 1618; 1919 § 2066; 1909 § 2631

CROSS REFERENCES: Benevolent, religious or educational societies,
proceedings against by quo warranto, RSMo 352.240 Courts empowered to
issue original remedial writs, Const. Art. V § 4

(2002) Provision authorizing one circuit court to exercise authority over
another judge of an adjoining county violates Article V, Section 4(1) of
the Missouri Constitution. State v. Farmer, 89 S.W.3d 454 (Mo.banc).

The relator shall be named as such, in the information against
such person usurping, intruding into or unlawfully holding or executing
any such office or franchise, and shall proceed thereon in such manner as
is usual in cases of information in the nature of a quo warranto. (RSMo
1939 § 1783)

Prior revisions: 1929 § 1619; 1919 § 2067; 1909 § 2632

If it shall appear to such court that the several rights of
divers persons to the same office or franchise may properly be determined
on one information, the said court may give leave to exhibit one
information against several persons, to try their respective rights to
such office or franchise. (RSMo 1939 § 1784)

Prior revisions: 1929 § 1620; 1919 § 2068; 1909 § 2633

Such person, against whom an information in the nature of a quo
warranto shall be prosecuted, shall appear and answer at the same term in
which the same information shall be filed, unless the court shall give
further time; and such person prosecuting such information shall proceed
thereupon with the most convenient speed. (RSMo 1939 § 1785)

Prior revisions: 1929 § 1621; 1919 § 2069; 1909 § 2634

In case any person, against whom any such information in the
nature of a quo warranto shall be prosecuted, shall be adjudged guilty of
any usurpation of, or intrusion into, or unlawfully holding and executing
any office or franchise, it may be lawful for the court as well to give
judgment of ouster against such person from any of the said offices or
franchises, as to fine such person for his usurpation of, intruding into
or unlawfully holding and executing any such office or franchise, and to
give judgment that the relator in such information named shall recover
his costs of such prosecution; and if judgment shall be given for the
defendant in such information, he shall recover his costs against such
relator. (RSMo 1939 § 1786)

Prior revisions: 1929 § 1622; 1919 § 2070; 1909 § 2635

The court in which any information shall be exhibited shall
allow to the relator and the defendant such convenient time to answer,
reply or make a motion as shall seem just and reasonable. (RSMo 1939 §
1787, A. 1949 H.B. 2132)

Prior revisions: 1929 § 1623; 1919 § 2071; 1909 § 2636

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