Section 13 Nature of RemedyExclusiveness

• Library: Remedies 2006

When the subject matter of the quo warranto proceeding is private in nature and the matters and acts complained of are civil rather than criminal, the court, by the exercise of its wide discretion, will not grant relief in quo warranto when the private party can secure adequate protection of that party’s rights by another remedy. See:

• State ex inf. Crow v. Atchison, T. & S.F. Ry. Co., 75 S.W. 776 (Mo. banc 1903)
• State ex rel. Crow v. Flemming, 59 S.W. 118 (Mo. banc 1900)
• State ex rel. Turner v. Fitzgerald, 44 Mo. 425 (1869)
• State ex rel. McIlhany v. Stewart, 32 Mo. 379 (1862)

When the action is prosecuted for the protection of the public by ex officio action, the remedy of quo warranto is not only available but is the exclusive remedy. On the other hand, the court will not allow the use of this remedy to settle private controversy if any other remedy is available. When the action is brought in the interest of private persons, the court will exercise its discretion to grant relief by judgment of ouster only if the public good will be enhanced by the action. State ex rel. Ponath v. Hamilton, 240 S.W. 445 (Mo. banc 1922).

Quo warranto is not a writ of review; it is not a substitute for an appeal. It will not lie to...