quo warranto


quo warranto
Literally, by what authority. A high prerogative writ at common law. A writ of inquiry as to the warrant for doing the acts of which complaint is made. The remedy or proceeding by which the sovereign or state determines the legality of a claim which a party asserts to the use or exercise of an office or franchise and ousts the holder from its enjoyment, if the claim is not well founded, or if the right to enjoy the privilege has been forfeited or lost. 44 Am J1st Quo W § 2. A demand made by the state upon an individual or corporation to show by what right such individual or corporation exercises some franchise or privilege appertaining to the state which, accord- 1050 ing to the constitution and laws of the land, cannot be legally exercised in the absence of a grant or authority from the state. State v Perkins, 138 Kati 899, 28 P2d 765. The common-law remedy for contesting an election. 26 Am J2d Elect § 316.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • quo warranto — quo war·ran·to / kwō wə ran tō, rän / n [Medieval Latin, by what warrant; from the wording of the writ] 1: an extraordinary writ requiring a person or corporation to show by what right or authority a public office or franchise is held or… …   Law dictionary

  • Quo warranto — (Medieval Latin for by what warrant? ) is one of the prerogative writs, that requires the person to whom it is directed to show what authority he has for exercising some right or power (or franchise ) he claims to hold.HistoryQuo Warranto had its …   Wikipedia

  • 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 …   The Collaborative International Dictionary of English

  • quo warranto — [kwō′ wə ran′tō, kwō′ wərän′tō] n. pl. quo warrantos [ML, by what warrant < L quo, abl. of qui, who, which + ML warrantus, warrant] 1. Historical a writ ordering a person to show by what right he exercises an office, franchise, or privilege 2 …   English World dictionary

  • quo warranto — from M.L., lit. by what warrant …   Etymology dictionary

  • quo warranto — /kwow waraentow/ In old English practice, a writ in the nature of a writ of right for the king, against him who claimed or usurped any office, franchise, or liberty, to inquire by what authority he supported his claim, in order to determine the… …   Black's law dictionary

  • quo warranto — noun Etymology: Middle English quo waranto, from Medieval Latin quo warranto by what warrant; from the wording of the writ Date: 15th century 1. a. an English writ formerly requiring a person to show by what authority he exercises a public office …   New Collegiate Dictionary

  • quo warranto — /kwoh waw ran toh, wo /, Law. 1. (formerly, in England) a writ calling upon a person to show by what authority he or she claims an office, franchise, or liberty. 2. (in England and the U.S.) a trial, hearing, or other legal proceeding initiated… …   Universalium

  • quo warranto — noun A writ brought before a proper tribunal, to inquire by what warrant a person or a corporation acts, or exercises certain powers …   Wiktionary

  • quo warranto — (Latin) on what authority , document issued by a court of law demanding to know by what right a person exercises the controversial authority; hearing to determine by what authority a person has an office or liberty …   English contemporary dictionary


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