-Caveat Lector-
> If they do NOT respond within 10 days, it is set (ab
> initio, nunc pro tunc)
> All that means is "that's it, period, from the get go" !!!
>
Sorry to dispute you, but "nunc pro tunc" is Latin for "now for then". In
legal procedure it is used to correct typographical errors or similar things
in a judgment. I'm not sure what you were referring to, but it didn't sound
like you used the right terms.
And as for quo warranto:
QUO WARRANTO
remedies. By what authority or warrant. The name of a writ issued in the
name of a government against any person or corporation that usurpes any
franchise or office, commanding the sheriff of the county to summon the
defendant to be and appear before the court whence the writ issued, at a
time and place therein named, to show "quo warranto" he claims the franchise
or office mentioned in the writ. Old Nat. Br. 149; 5 Wheat. 291; 15 Mass.
125; 5 Ham. 358; 1 Miss. 115. (Bouviers 6th)
This writ has become obsolete, having given way to informations in the
nature of a quo warranto at the common law; Ang. on Corp. 469; it is
authorized in Pennsylvania by legislative sanction. Act 14 June, 1836. Vide
1 Vern. 156; Yelv. 190; 7 Com. Dig. 189; 17 Vin. Ab. 177. (Bouviers 6th)
An information in the nature of a quo warranto, although a criminal
proceeding in form, in substance, is a civil one. 1 Serg. & Rawle, 382.
(Bouviers 6th)
by what right or authority; an ancient common law writ, issued out of
chancery on behalf of the king against one who claimed or usurped any
office, franchise or liberty, to inquire by what authority he asserted such
a right thereto in order that its assertion might be determined. 38 N. E. 2d
2, 5. "Formerly a criminal method of prosecution, it has long since lost its
criminal character, and is now a civil proceeding, expressly recognized by
statute, and usually employed for trying the title to a corporate franchise
or to a corporate or public office." 234 S. W. 344, 347. Only the state may
bring an action quo warranto.
"Quo warranto" proceedings may be brought against corporations where the
company has abused or failed for a long time to exercise its franchise; in
the case of an official it may be brought to cause him to forfeit an office
for misconduct. If in these cases a quo warranto proceeding determines that
a company no longer properly holds a franchise or that an officer no longer
properly holds an office, it will oust the wrongdoer from enjoying the
franchise or office. The purpose of the writ is not to prevent an improper
exercise of power lawfully possessed; its purpose is to prevent an official,
corporation, or persons acting as such from usurping a power which they do
not have. See 148 S. W. 2d 527, 530. (Barrons 2nd)
In old English practice, a writ in the nature of a writ of right for the
king, against him who claimed or usurped any office, franchise, or liberty,
to inquire by what authority he supported his claim, in order to determine
the right. It lay also in case of non-user, or long neglect of a franchise,
or misuser or abuse of it; being a writ commanding the defendant to show by
what warrant he exercises such a franchise, having never had any grant of
it, or having forfeited it by neglect or abuse. (Blacks 5th ab)
An extraordinary proceeding, prerogative in nature, addressed to preventing
a continued exercise of authority unlawfully asserted, It is intended to
prevent exercise of powers that are not conferred by law, and is not
ordinarily available to regulate the manner of exercising such powers.
(Blacks 5th ab)
The remedy of "quo warranto" belongs to the state, in its sovereign
capacity, to protect the interests of the people as a whole and guard the
public welfare, and it is a preventative remedy addressed to preventing a
continuing exercise of an authority unlawfully asserted, rather that to
correcting what has already been done under that authority. (Blacks 5th ab)
The federal rules are applicable to proceedings for quo warranto "to the
extent that the practice in such proceedings is not set forth in statutes of
the United States and has heretofore conformed to the practice in civil
actions." Fed. R. Civil P. 81(s)(2). Any remedy that could have been
obtained under the historic writ of quo warranto may be obtained by a civil
action of that nature. (Blacks 5th ab)
http://www.crl.com/~gregnich/quo/qwlaw.html#Q
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