Chapter 531 Quo Warranto

531.040 - When defendant shall appear — prosecutor to proceed, how.

Steven Groce, Attorney Advertisement

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

531.050 - Judgment.

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

531.060 - Time for pleading fixed by court.

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

531.030 - Exhibition of information against several persons, when.

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

531.020 - Proceedings in, how governed.

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

531.010 - Exhibition of information, when — by whom.

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.