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. … [Read more...]
Search Results for: writ of quo warranto
WRIT
practice. A mandatory precept issued by the authority, and in the name of the sovereign or the state, for the purpose of compelling the defendant to do something therein mentioned. 2. It is issued by a court or other competent jurisdiction, and is return-able to the same. It is to be under seal and tested by the proper officer, and is directed to the sheriff, or other officer … [Read more...]
QUO WARRANTO
(A) Latin term meaning by what warrant? This refers to a legal procedure undertaken to cause a person or organization to (i) cease its efforts or activities with regard to performing some act for which it may not have the legal right or authority and to (ii) state what right or authority it has to perform such actions. (B) remedies. By what authority or warrant. The name of a … [Read more...]
RELATOR
The person upon whose complaint or at whose instance, an information or writ of quo warranto is filed, and who is quasi the plaintiff in the proceeding. A rehearser or teller; one who, by leave of court, brings an information in the nature of a quo warranto. 2. At common law, strictly speaking, no such person as a relator to an information is known; he being a creature of the … [Read more...]
VOUCH
To certify, confirm that something or someone is bona fide or qualified. To call upon; to call in to warranty ; to call upon the grantor or warrantor to defend the title to an estate. To vouch is to call upon, rely on, or quote as an authority. Thus, in the old writers, to vouch a case or report is to quote it as an authority. … [Read more...]