§659-1 - Definition. - Hawaii Statutes

     [§659-1]  Definition.  This is an order issuing in the name of the State by a circuit court and directed to a person who claims or usurps an office of the State or of any subdivision thereof, or of any corporation or quasi-corporation, public or private, or any franchise, inquiring by what authority the person claims the office or franchise. [L 1876, c 39, §36; am L 1907, c 39, §1; RL 1925, §2716; RL 1935, §4258; RL 1945, §10279; RL 1955, §236-19; HRS §659-46; am L 1972, c 90, §3(a); ren HRS §659-1; gen ch 1985]

 

Case Notes

 

  Will not lie to remove manager of plantation.  5 H. 3.  Writ to contest fire department election denied where by law members of a certain board are judges of validity of election.  8 H. 67.

  Will lie to oust corporation officers illegally elected and in office unlawfully.  11 H. 22, 28; 22 H. 604; 28 H. 476; 34 H. 897.  To try title to office.  22 H. 381, 383; 34 H. 12; 39 H. 431; 41 H. 1.  As to pleadings and practice, see prior to adoption of Hawaii Rules of Civil Procedure:  11 H. 22, 29; 22 H. 385.

  Writ must issue in the name of the sovereign.  11 H. 22, 29.

 

Decisions under prior law.

  Under Act of 1876 quo warranto could not be had against officers of the government.  8 H. 542.  Prior to amendment of 1907 counties held to be corporations within the meaning of the section.  17 H. 9.

  Cited:  20 H. 290, 314.