531.010. Exhibition of information, when--by whom. - Missouri Statutes

Exhibition of information, when--by whom.

531.010. In case any person shall usurp, intrude into or unlawfullyhold 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 iscommenced, shall exhibit to the circuit court, or other court havingconcurrent jurisdiction therewith in civil cases, an information in thenature of a quo warranto, at the relation of any person desiring toprosecute the same; and when such information has been filed andproceedings have been commenced, the same shall not be dismissed ordiscontinued without the consent of the person named therein as therelator; but such relator shall have the right to prosecute the same tofinal judgment, either by himself or by attorney; provided if the personnamed therein is a member or employee of the judicial branch of government,and the persons desiring to prosecute the proceeding include the majorityof the circuit and associate circuit judges of the circuit in which thatperson is employed, the suit may proceed without the approval orparticipation of the attorney general or any prosecuting attorney, and forall purposes under this chapter, such judges shall be considered the"relator" and may file and prosecute such matter without costs as providedby section 531.050. If such information be filed or exhibited against anyperson who has usurped, intruded into or is unlawfully holding or executingthe office of judge of any judicial circuit, then it shall be the duty ofthe attorney general of the state, or circuit or prosecuting attorney ofthe proper county, to exhibit such information to the circuit court of somecounty adjoining and outside of such judicial circuit, and nearest to thecounty in which the judge so offending shall reside.

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