Section 14.12 Criminal Remedy Does Not Bar Quo Warranto
| Library | App Ct Prac 2015 Supp |
C. (§14.12) Criminal Remedy Does Not Bar Quo Warranto
In a quo warranto action brought for the purpose of ousting a public official from office or a corporation from its franchise, the facts in issue often reveal criminal acts by the official or the corporation or corporate officials or agents for which criminal prosecution would lie. The existence of such a criminal remedy does not bar the court from exercising its jurisdiction in quo warranto, and the proceedings in quo warranto are not a bar to criminal prosecution based on the same facts. State on inf. McKittrick v. Am. Ins. Co., 140 S.W.2d 36 (Mo. banc 1940). Quo warranto is an action to...
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