Section 14.8 Generally

• Library: App Ct Prac 2015 Supp

1. (§14.8) Generally

The information in the nature of quo warranto is peculiarly an action for the protection of the public interest. It constitutes a direct attack on those claiming a public office or public franchise, and it can only be brought by the Attorney General or the prosecuting attorney. An individual who has a peculiar interest in the legality of the claim to a public office or franchise may properly bring the matter to the attention of the Attorney General or the proper prosecuting or circuit attorney and seek ex officio action by that officer. State ex rel. McAllister v. Cupples Station Light, Heat & Power Co., 223 S.W. 75 (Mo. banc 1920). Or the individual may seek to become a private relator in the quo warranto proceeding and thus have an official position and standing in the litigation. See Rule 98.02(b).

The action is brought in the name of the State of Missouri by any of the relators provided for in Rule 98.02(b). The...