An action may be brought by the Attorney General in the name of the State upon his own information or upon the complaint of any private party or by a private party interested on leave granted by a circuit judge against the parties offending in the following cases:
(1) When any person shall usurp, intrude into, or unlawfully hold or exercise any public office, civil or military, or any franchise within this State or any office in a corporation, created by the authority of this State;
(2) When any public officer, civil or military, shall have done or suffered an act which, by the provisions of law, shall make a forfeiture of his office; or
(3) When any association or number of persons shall act within this State as a corporation without being duly incorporated.
HISTORY: 1962 Code Section 10-2256; 1952 Code Section 10-2256; 1942 Code Section 831; 1932 Code Section 831; Civ. P. '22 Section 779; Civ. P. '12 Section 466; Civ. P. '02 Section 428; 1870 (14) 523 Section 447.
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Chapter 63 - Quo Warranto And Scire Facias
Section 15-63-10. Provisions of chapter are in lieu of scire facias and quo warranto.
Section 15-63-70. Action to vacate or annul letters patent.
Section 15-63-80. One action may be brought against several persons claiming office or franchise.
Section 15-63-90. Joining of relator as plaintiff.
Section 15-63-100. Security for costs.
Section 15-63-110. Complaint and arrest of defendant in action for usurping office.
Section 15-63-120. Judgment in action for usurping office.
Section 15-63-130. Assumption of office by relator, when judgment is in his favor.
Section 15-63-150. Recovery of damages from usurper.
Section 15-63-160. Judgment of exclusion from office or franchise; penalty for usurpation.
Section 15-63-170. Judgment of forfeiture against corporation.
Section 15-63-180. Costs against corporation or persons claiming to be such.
Section 15-63-190. Restraining corporation; appointment of receiver.
Section 15-63-200. Filing judgment roll against corporation or vacating letters patent.
Section 15-63-210. Entry of judgment relating to letters patent; disposition of realty.