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Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 531

previous next Effective - 28 Aug 1996bottom

  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.

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(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, 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. Kinder, 89 S.W.3d 454 (Mo.banc).


---- end of effective   28 Aug 1996 ----

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