Chapter 784 — QUO WARRANTO

784.01 Remedy by civil action; forms. The remedies heretofore obtainable by writs of scire facias and quo warranto and by proceedings by information in the nature of quo warranto may be obtained by civil action, and it shall not be necessary to sue out such writs in form; but thi…

784.02 How tried. In actions of quo warranto and scire facias, the court may summon a jury and prescribe the manner of summoning the jury. History: 1977 c. 449; 1979 c. 32 s. 61; Stats. 1979 s. 784.02.

784.03 Relator, when to be joined as plaintiff. When an action shall be brought by the attorney general by virtue of this chapter, on the relation or information of a person having an interest in the question, the name of such person shall be joined with the state as plaintiff. H…

784.04 When action may be brought. (1) An action may be brought by the attorney general in the name of the state, upon his or her own information or upon the complaint of any private party, against the parties offending in the following cases: (a) When any person shall usurp, int…

784.05 When defendant held to bail. If the action is brought against a person for usurping an office, the attorney general or person complaining, in addition to the statement of the cause of action, may also set forth in the complaint the name of 784.08 784.09 784.10 784.11 784.1…

784.06 Pleading. In an action brought to determine the right to any office, in every case where the defendant has the official certificate of election to the office, the complaint shall state in what respect such certificate was improperly or illegally issued; and if any party cl…

784.07 Proceedings on motion to dismiss; continuance. In all such actions brought to determine the right to an office in the circuit courts, if the defendant moves to dismiss the complaint under s. 802.06 (2) the issue raised by the motion shall have preference upon the calendar …

784.08 Judgment. In every such case such judgment shall May 22, 2026, are designated by NOTES. (Published 5-22-26) 784.08 QUO WARRANTO be rendered upon the right of the defendant and also upon the right of the party so alleged to be entitled, or only upon the right of the defenda…

784.09 Relator to take office and demand books. If judgment is in favor of the person alleged to be entitled the person is entitled, after taking the oath of office and executing the official bond required by law, to assume the execution of the office. It is the person’s duty imm…

784.10 Delivery of books, etc. If the defendant shall refuse or neglect to deliver over such books or papers pursuant to the demand the defendant is guilty of a misdemeanor, and the same proceedings shall be had and with the same effect to compel the delivery of such books and pa…

784.11 Damages. If the judgment be rendered upon the right of the person so alleged to be entitled in favor of such person the person may recover by action the damages the person has sustained by reason of the usurpation by the defendant of the office from which such defendant ha…

784.12 Parties defendant. When several persons claim to be entitled to the same office or franchise one action may be brought against all such persons in order to try their respective rights to such office or franchise. History: 1979 c. 32 s. 61; Stats. 1979 s. 784.12.

784.13 Judgment if office, franchise or privilege usurped. When a defendant against whom an action has been brought under this chapter shall be adjudged guilty of usurping or intruding into or unlawfully holding or exercising any office, franchise or privilege, judgment shall be …