Section 14.26 Court’s Discretion

• Library: App Ct Prac 2015 Supp

B. (§14.26) Court’s Discretion

With the exception of a judgment of ouster against a public official who has forfeited his or her office by an act forbidden, the court has very broad discretion as to the terms of the judgment and may tailor its order to fit the ends of justice.

In State ex inf. Danforth v. Merrell, 530 S.W.2d 209 (Mo. banc 1975), the Court, overruling prior cases holding that the Court would not exercise its discretion to control the proceedings in the interim period between issuance of process and final judgment, stated that it would hereafter, in cases filed ex officio by the Attorney General, consider pleadings after the respondent filed his or her return and determine what further proceedings, if any, would be required.

In the exercise of this discretion, the court is much more cautious when the action is ex officio and filed solely in the public interest than it is when it appears that the remedy in quo warranto is used in an essentially private dispute. This judicial exercise of discretion is even more pronounced when a private relator is in the case. Thus, as in State ex rel. McAllister v. Cupples Station Light, Heat & Power Co., 223 S.W. 75 (Mo. banc 1920), even though the action is ex officio in form, if the court...