Code of Virginia
Chapter 25 - Extraordinary Writs
§ 8.01-636. In what cases writ issued

A writ of quo warranto may be issued and prosecuted in the name of the Commonwealth in any of the following cases:
1. Against a domestic corporation, other than a municipal corporation, for the misuse or nonuse of its corporate privileges and franchises, or for the exercise of a privilege or franchise not conferred upon it by law, or when a charter of incorporation has been obtained by it for a fraudulent purpose, or for a purpose not authorized by law;
2. Against a person for the misuse or nonuse of any privilege conferred upon him by law;
2a. Against a person engaged in the practice of any profession without being duly authorized or licensed to do so;
3. Against any person or persons acting as a corporation, other than a municipal corporation, without authority of law; and
4. Against any person who intrudes into or usurps any public office. But no writ shall be issued or prosecuted against any person now in office for any cause which would have been available in support of a proceeding to contest his election.
Provided that nothing herein shall be construed to give jurisdiction to any court to judge the election, qualifications, or returns of the members of either house of the General Assembly.
Code 1950, § 8-857; 1977, c. 617; 1980, c. 705.

Structure Code of Virginia

Code of Virginia

Title 8.01 - Civil Remedies and Procedure

Chapter 25 - Extraordinary Writs

§ 8.01-635. Common-law writ of quo warranto and information in the nature of writ of quo warranto abolished; statutory writ of quo warranto established

§ 8.01-636. In what cases writ issued

§ 8.01-637. By whom filed; when leave granted and writ issued

§ 8.01-638. Repealed

§ 8.01-639. How summons directed and served

§ 8.01-640. Judgment when defendant fails to appear

§ 8.01-641. Reopening same when made on service by publication

§ 8.01-642. Pleading when defendant appears

§ 8.01-643. Trial; verdict; judgment; costs; attorney's fee

§ 8.01-644. Application for mandamus or prohibition

§ 8.01-644.1. Limitations of actions for petition for mandamus

§ 8.01-645. What petition to state; where presented

§ 8.01-646. When writ awarded if no defense made

§ 8.01-647. Defense; how made

§ 8.01-648. What judgment to be rendered

§ 8.01-649. Proceedings when application is to Supreme Court or Court of Appeals

§ 8.01-650. Suspension of proceedings, where prohibition applied for

§ 8.01-651. Suspension of proceedings by justice of Supreme Court or judge of Court of Appeals

§ 8.01-652. Service of writ; how obedience enforced

§ 8.01-653. Mandamus to secure construction of act directing payment out of treasury of the Commonwealth

§ 8.01-653.1. Mandamus to secure construction of act granting power to incur certain obligations for transportation needs

§ 8.01-654. When and where petition filed; what petition to contain

§ 8.01-654.1. Repealed

§ 8.01-655. Form and contents of petition filed by prisoner

§ 8.01-656. Repealed

§ 8.01-658. When and from whom response required; dismissal of habeas petition without prejudice

§ 8.01-659. Repealed

§ 8.01-660. When affidavits may be read

§ 8.01-661. Facts proved may be made part of record

§ 8.01-662. Judgment of court or judge trying it; payment of costs and expenses when petition denied

§ 8.01-663. Judgment conclusive

§ 8.01-664. How and when Supreme Court summoned to try appeal therefrom

§ 8.01-665. When execution of judgment suspended; when prisoner admitted to bail

§ 8.01-666. When and by whom writs of habeas corpus ad testificandum granted

§ 8.01-667. Transmission of records to federal court

§ 8.01-668. Writ de homine abolished