2012 Connecticut General Statutes
Title 52 - Civil Actions
Chapter 918 - Mandamus, Ne Exeat, Prohibition and Quo Warranto
Section 52-491 - Complaint in the nature of quo warranto.

When any person or corporation usurps the exercise of any office, franchise or jurisdiction, the Superior Court may proceed, on a complaint in the nature of a quo warranto, to punish such person or corporation for such usurpation, according to the course of the common law and may proceed therein and render judgment according to the course of the common law.

(1949 Rev., S. 8227; P.A. 76-100, S. 1.)

History: P.A. 76-100 allowed court to proceed upon a complaint rather than “by information” and deleted provision for filing of information in county where cause of action arises “at the relation of any person desiring to prosecute the same, against any person usurping any corporate franchise or office”.

See Sec. 9-328 re contests and complaints in election of municipal officers and nomination of justices of the peace.

Cited. 10 CA 209; 15 CA 323; 21 CA 351; 27 CA 421. Does not expressly require plaintiff in quo warranto action to name and serve person allegedly usurping contested office; plaintiff’s failure to name such persons therefore does not require dismissal. 76 CA 24.

In a quo warranto proceeding questioning the appointment of defendant to an office, the burden of proof is upon defendant to establish his legal right to the office. 21 CS 294. Cited. 30 CS 74. Quo warranto proceeding challenging residency requirement of alderman. Id., 82.