Sec. 52-491. Complaint in the nature of quo warranto. When any person or
corporation usurps the exercise of any office, franchise or jurisdiction, the Superior
Court may proceed, on a complaint in the nature of a quo warranto, to punish such person
or corporation for such usurpation, according to the course of the common law and may
proceed therein and render judgment according to the course of the common law.
(1949 Rev., S. 8227; P.A. 76-100, S. 1.)
History: P.A. 76-100 allowed court to proceed upon a complaint rather than "by information" and deleted provision
for filing of information in county where cause of action arises "at the relation of any person desiring to prosecute the
same, against any person usurping any corporate franchise or office".
See Sec. 9-328 re contests and complaints in election of municipal officers and nomination of justices of the peace.
Does not lie in state court to test right of one claiming an office in a corporation of the United States. 35 C. 379. Will
not be tried when it is too late to make the judgment of any avail. 5 D. 335. Cited. 18 C. 54; 16 C. 179. Fine and costs,
when refused. 10 C. 167. Will not lie to try title to an office not a legally authorized public office. 42 C. 86; 82 C. 398.
Legal existence of school district cannot be tried by. 42 C. 90. Inspector appointed by board of street commissioners under
charter is subject to quo warranto. 46 C. 480. The state must be a party to every proceeding by quo warranto; but may
voluntarily part with such right. 51 C. 127. Title to office can be tried only on writ of quo warranto. 55 C. 121; 61 C. 376.
Election of governor; jurisdiction of superior court. 61 C. 376. In an information in the nature of quo warranto, the relator
is the substantial complainant and conducts the cause. 63 C. 181. Is a means to oust an illegal incumbent from an office,
not to induct a legal one into it. 66 C. 300; 87 C. 541; 102 C. 595. Proper course of procedure. 69 C. 227, 228. Burden
upon respondent to show a complete title to the office in dispute. 71 C. 110; id., 545; 87 C. 541; 82 C. 122. Only lies in
case of public office; not in that of clerk of department appointed under city ordinance. 83 C. 143. Distinguished from
mandamus as a means to enforce a right to office. 83 C. 554. "Pretended town" as a defendant. 77 C. 266. Some offices
too minor in character to be object of writ. 94 C. 416. May be used to test constitutionality of statute creating taxing district;
but commissioners of district should not be made parties defendant. 104 C. 195. In election contests proper remedy is
procedure authorized by section 9-328 rather than this section. 145 C. 648. Where relator is private party claiming title to
public office, trial court does not have discretionary authority to deny remedy of ouster when defendant's title is found
defective. 174 C. 36, 42. Cited. 182 C. 253, 254, 256. Cited. 185 C. 445, 456. Cited. 219 C. 432, 436.
Cited. 10 CA 209, 212. Cited. 15 CA 323, 327. Cited. 21 CA 351, 352. Cited. 27 CA 421, 424. Does not expressly
require plaintiff in quo warranto action to name and serve person allegedly usurping contested office. Plaintiff's failure to
name such persons therefore does not require dismissal. 76 CA 24.
In a quo warranto proceeding questioning the appointment of the defendant to an office, the burden of proof is upon
the defendant to establish his legal right to the office. 21 CS 294. Cited. 30 CS 74. Quo warranto proceeding challenging
residency requirement of alderman. Id., 82.
Sec. 52-492. Quo warranto; costs to prevailing party; bond. When a complaint
in the nature of a quo warranto is brought, the court shall award costs to the prevailing
party against the other party as in other civil cases. The party who brings the complaint
shall in all cases give bond to the other party for costs, as by law required in other civil
actions.
(1949 Rev., S. 8228; P.A. 76-100, S. 2; P.A. 82-160, S. 183.)
History: P.A. 76-100 restated provisions in less detailed terms, applying section to complaints rather than informations;
P.A. 82-160 made minor changes in wording.
Sec. 52-493. Order in the nature of prerogative writs. Any court having cognizance of writs of habeas corpus, mandamus, quo warranto, prohibition or ne exeat may,
in any action pending before it, make any order, interlocutory or final, in the nature of
any such writ, to the extent of its jurisdiction, so far as it may appear to be an appropriate
form of relief.
(1949 Rev., S. 8229; P.A. 82-160, S. 184.)
History: P.A. 82-160 made minor changes in wording.
Appeal lies from denial of writ. 96 C. 718. Cited. 97 C. 428; 124 C. 645. Cited. 228 C. 106, 113.
Cited. 46 CA 486.