Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly A civil action in quo warranto may be brought in the name of the state: (A) Against a person who usurps, intrudes into, or unlawfully holds or exercises a public office, civil or military, or a franchise, within this state, or an […]
Effective: June 15, 1978 Latest Legislation: House Bill 397 – 112th General Assembly A civil action in quo warranto may be brought in the name of the state against a corporation: (A) When it has offended against a law providing for its creation or renewal, or any amendment thereof; (B) When it has forfeited its […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly An action in quo warranto can be brought only in the supreme court, or in the court of appeals of the county in which the defendant, or one of the defendants, resides or is found, or, when the defendant is a corporation, […]
Effective: June 15, 1978 Latest Legislation: House Bill 397 – 112th General Assembly When directed by the governor, supreme court, secretary of state, or general assembly, the attorney general, or a prosecuting attorney, shall commence an action in quo warranto. When, upon complaint or otherwise, either of such officers has good reason to believe that […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The attorney general or a prosecuting attorney may bring an action in quo warranto upon his own relation, or, on leave of the court, or of a judge thereof in vacation, he may bring the action upon the relation of another person. […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly A person claiming to be entitled to a public office unlawfully held and exercised by another may bring an action therefor by himself or an attorney at law, upon giving security for costs.
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When the office of prosecuting attorney is vacant, or the prosecuting attorney is absent, interested in the action in quo warranto, or disabled, the court, or a judge thereof in vacation, may direct or permit any member of the bar to act […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When an action in quo warranto is brought against a person for usurping an office, the petition shall set forth the name of the person claiming to be entitled to the office, with an averment of his right thereto. Judgment may be […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly Upon application for leave to file a petition in an action in quo warranto, the court or judge may direct notice thereof to be given to the defendant previous to granting such leave, and may hear the defendant in opposition thereto. If […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When the petition in an action in quo warranto is filed without leave and notice, a summons shall issue, and be served as in other cases. Such summons may be sent to and returned by the sheriff of any county by mail. […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When a summons in an action in quo warranto is returned not served because the defendant, or its officers or office, cannot be found within the county, the clerk of the court in which the action was brought must publish a notice […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The defendant in an action in quo warranto may demur or file an answer, which may contain as many several defenses as he has, within thirty days after the filing of the petition, if it was filed on leave and notice, or […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly In an action in quo warranto an order may be made by the court, or by a judge thereof, extending the time within which a pleading may be filed. Such order does not work a continuance of the case.
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When a defendant in an action in quo warranto is found guilty of usurping, intruding into, or unlawfully holding or exercising an office, franchise, or privilege, judgment shall be rendered that he be ousted and excluded therefrom, and that the relator recover […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When an action in quo warranto is against a director of a corporation, and the court finds that, at his election, illegal votes were received or legal votes rejected sufficient to change the result, judgment may be rendered that the defendant be […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly In a case under section 2733.15 of the Revised Code the court may order a new election to be held at a time and place and by judges it appoints. Notice of the election and naming such judges shall be given as […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly If judgment in an action in quo warranto is rendered in favor of the person averred to be entitled to an office, after taking the oath of office and executing any official bond required by law, he may take upon him the […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly Within one year after the date of a judgment mentioned in section 2733.17 of the Revised Code, the person in whose favor the judgment is rendered may bring an action against the party ousted, and recover the damages he sustained by reason […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly No defendant mentioned in section 2733.17 of the Revised Code shall refuse or neglect to deliver over any book or paper pursuant to a demand made under such section. Whoever violates this section is guilty of a contempt of court.
Effective: October 16, 1980 Latest Legislation: House Bill 736 – 113th General Assembly When, in an action in quo warranto, it is found and adjudged that, by an act done or omitted, a corporation has surrendered or forfeited its corporate rights, privileges, and franchises, or has not used them during a term of five years, […]
