State v. St. Louis Perpetual Marine

CourtUnited States State Supreme Court of Missouri
Writing for the CourtSCOTT
Citation8 Mo. 330
PartiesTHE STATE v. THE ST. LOUIS PERPETUAL MARINE, FIRE, AND LIFE INSURANCE COMPANY.
Decision Date31 July 1843

8 Mo. 330

THE STATE
v.
THE ST. LOUIS PERPETUAL MARINE, FIRE, AND LIFE INSURANCE COMPANY.

Supreme Court of Missouri.

July Term, 1843.


SCOTT, J.

The State, by the attorney-general, filed a motion for a writ of quo warranto, against the St. Louis Perpetual Marine, Fire, and Life Insurance Company, in order that proceedings might thereupon be had, in conformity with the provisions of an act entitled, “An act to repeal the

[8 Mo. 331]

charters of certain incorporated companies,” approved February 24, 1843. The motion indicates that the attorney-general is aware of the difference between a quo warranto and an information in the nature of a quo warranto.

This court, by the Constitution of the State, has power to issue writs of habeas corpus, mandamus, quo warranto, certiorari, and other original remedial writs, and to hear and determine the same. It would seem that the General Assembly confounded the proceedings on a writ of quo warranto with those on an information in the nature of a quo warranto, by making it the duty of the attorney-general to apply to this court for a writ of quo warranto. A writ of quo warranto is in the nature of a writ of right for the State against any person who claims or exercises any office, to inquire by what authority he supports his claim, in order to determine the right. 3 Blacks. Com. 262. (a) The writ of quo warranto, in consequence of the length of its process, has long since become obsolete in the English law: and information in the nature of a quo warranto, wherein the process is speedier, has been substituted in its place. Tomlin's Law Dic., title Quo Warranto.

The General Assembly must have contemplated this last proceeding, in directing the attorney-general to apply to this court for a writ of quo warranto. A writ of quo warranto, as we have seen, is in the nature of a writ of right; it issues on demand of the proper officer of the State, as a matter of course, and there is no more necessity for an application to this court for this writ than there would be for a summons in the Circuit Court, when the State is about to commence an action of debt against one of her debtors. No reasons are offered why the writ should issue; no information is communicated by...

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10 practice notes
  • State v. Standard Oil Co.
    • United States
    • Missouri Supreme Court
    • December 23, 1908
    ...been and is but a civil suit. There is a distinction, of course, to be taken, a distinction pointed out by Scott, J., in State v. Ins. Co., 8 Mo. 330, between a writ of quo warranto and an information in the nature of a quo warranto; but while this is true, yet it is also true, even in Blac......
  • State v. Cupples Station Light, Heat & Power Co., No. 20330.
    • United States
    • United States State Supreme Court of Missouri
    • May 18, 1920
    ...General, as a matter of course and without any investigation of the merits of the case (State ex rel. v. St. Louis, etc., Ins. Co., 8 Mo. 330, loc. cit. 331; State ex rel. v. Stone, 25 Mo. 5559, although in many other jurisdictions the court makes an investigation of the facts and finally e......
  • State ex Inf. Ellis v. Ferguson, No. 32395.
    • United States
    • Missouri Supreme Court
    • October 19, 1933
    ...243 Mo. 442. And leave of course must be obtained for the filing of the information for the institution of the suit. State v. Ins. Co., 8 Mo. 330; State v. Stone, 25 Mo. 555; State v. Stewart, 32 Mo. 379; State v. Buskirk, 43 Mo. 112; State v. Rose, 84 Mo. 198; State v. Railroad, 176 Mo. 68......
  • State v. Cairns, No. 25345.
    • United States
    • United States State Supreme Court of Missouri
    • October 8, 1924
    ...148 S. W. 90), and leave of court must be obtained for the filing of the information or the institution of the suit (State v. Ins. Co., 8 Mo. 330; State v. Stone, 25 Mo. 555; State v. Stewart, 32 Mo. 379; State v. Buskirk, 43 Mo. 112; State v. Rose, 84 Mo. 198; State v. Railroad, 176 Mo. 68......
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10 cases
  • State v. Standard Oil Co.
    • United States
    • Missouri Supreme Court
    • December 23, 1908
    ...been and is but a civil suit. There is a distinction, of course, to be taken, a distinction pointed out by Scott, J., in State v. Ins. Co., 8 Mo. 330, between a writ of quo warranto and an information in the nature of a quo warranto; but while this is true, yet it is also true, even in Blac......
  • State v. Cupples Station Light, Heat & Power Co., No. 20330.
    • United States
    • United States State Supreme Court of Missouri
    • May 18, 1920
    ...General, as a matter of course and without any investigation of the merits of the case (State ex rel. v. St. Louis, etc., Ins. Co., 8 Mo. 330, loc. cit. 331; State ex rel. v. Stone, 25 Mo. 5559, although in many other jurisdictions the court makes an investigation of the facts and finally e......
  • State ex Inf. Ellis v. Ferguson, No. 32395.
    • United States
    • Missouri Supreme Court
    • October 19, 1933
    ...243 Mo. 442. And leave of course must be obtained for the filing of the information for the institution of the suit. State v. Ins. Co., 8 Mo. 330; State v. Stone, 25 Mo. 555; State v. Stewart, 32 Mo. 379; State v. Buskirk, 43 Mo. 112; State v. Rose, 84 Mo. 198; State v. Railroad, 176 Mo. 68......
  • State v. Cairns, No. 25345.
    • United States
    • United States State Supreme Court of Missouri
    • October 8, 1924
    ...148 S. W. 90), and leave of court must be obtained for the filing of the information or the institution of the suit (State v. Ins. Co., 8 Mo. 330; State v. Stone, 25 Mo. 555; State v. Stewart, 32 Mo. 379; State v. Buskirk, 43 Mo. 112; State v. Rose, 84 Mo. 198; State v. Railroad, 176 Mo. 68......
  • Request a trial to view additional results

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