Section 14.2 Scope of Action

• Library: App Ct Prac 2015 Supp

II. (§14.2) Scope of Action

The Missouri Constitution, art. V, § 4, empowers the circuit and appellate courts to issue and determine original remedial writs. The authority is confirmed by statute and Supreme Court rule. Mo. Const. art. V, § 5; § 531.010, RSMo 2000; Rules 84.22–84.26; Rule 98.

Quo warranto is used to test the legal right of a public official to the office held. State ex inf. Peach v. Goins, 575 S.W.2d 175 (Mo. banc 1978); State ex inf. Taylor v. Cumpton, 240 S.W.2d 877 (Mo. banc 1951). Only the right or the title of the office holder is challenged. The rights of others are not involved, and this is the only appropriate action to attack the question of proper title.

If the claim of the officeholder is found to be illegal, the remedy is an order ousting the claimant from the exercise or enjoyment of the office or franchise. The claim may be found to be illegal because of defects that prevented the office from being legally acquired in the first place or because of a claim originally legal but thereafter lost or forfeited by nonuse, misuse, or misconduct. See State ex inf. Dalton v. Mosley, 286 S.W.2d 721 (Mo. banc 1956); State ex inf. Danforth v. Orton, 465 S.W.2d 618 (Mo. banc 1971); State ex inf. Roberts v. Buckley, 533 S.W.2d 551 (Mo. banc 1976).

Quo warranto proceedings provide a remedy for usurpation, unlawful holding, or unlawful...