Quo Warranto: What is it good for?
Posted on: February 7, 2009 by: adminState v. Murphy, 148 S.W.2d 527 (MO. 1941) A writ of quo warranto is in the nature of a writ of right for the king, against him who claims or usurps any office, franchise, or liberty, to inquire by what authority he supports his claim, in order to determine his right.”
“It is also true that it will lie against a county officer who has been legally elected but has forfeited his office by misconduct.”
“The officer who violates his oath of office by corruption, willful misconduct or neglect of official duty automatically loses the right to office and becomes a mere interloper.”
“In either case the judgment in quo warranto does not try the question of forfeiture. It merely recognizes judicially fait accompli and ousts the wrongdoer from enjoying the privileges of a franchise which he has ceased to possess.”
“…where the officer steps entirely outside the scope of his authority to exercise a function which neither the constitution nor the statue has entrusted to him, the remedy by quo warranto is available.”
Quo Warranto package for ousting public officials from their positions
