REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.4501 Quo warranto; attorney general; private party; exception.
Sec. 4501.
(1) The attorney general shall bring an action for quo warranto if the facts clearly warrant the bringing of the action. Subject to subsection (2), if the attorney general receives information from a private person and refuses to act, the private person may bring the action on leave of court.
(2) A private person shall not bring an action for quo warranto that relates to the offices of electors of President and Vice President of the United States.
History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 2023, Act 256, Eff. Feb. 13, 2024
Notes of Decisions
Cited in
23
cases (
4 in the last 5 years), 1964–2024 · leading case:
In re Servaas, 774 N.W.2d 46 (Mich. 2009).
In re Servaas, 774 N.W.2d 46 (Mich. 2009).
· cites it 4× “[15] MCL 600.4501 provides that the Attorney General shall bring an action for quo warranto "when the facts clearly warrant the bringing of the action.”
Davis v. Chatman, 808 N.W.2d 555 (Mich. Ct. App. 2011).
· cites it 3× “MCL 600.4501; MCR 3.306; see, also, Barrow, 290 Mich App at 540-541 .”
Gallagher v. Keefe, 591 N.W.2d 297 (Mich. Ct. App. 1999).
· cites it 4× “§ 600.4501; MSA 27A.4501.] In general, the effect of MCR 3.”
Barrow v. Detroit Mayor, 802 N.W.2d 658 (Mich. Ct. App. 2010).
“] MCL 600.4501 echoes the court rule’s provision allowing a private party to bring an action for quo warranto by leave.”
Ballenger v. Cahalan, 378 N.W.2d 607 (Mich. Ct. App. 1985).
“The statute, MCL 600.4501; MSA 27A.4501, provides: "The attorney general shall bring an action for quo warranto when the facts clearly warrant the bringing of that action.”
St. Joseph Twp. v. City of St. Joseph, 127 N.W.2d 858 (Mich. 1964).
“” 5 Supra, note 2. 6 Under the Revised Judicature Act, even actions to oust an official may be brought directly by a private party if the attorney general refuses to act.”
O'CONNOR v. Eckardt, 178 N.W.2d 150 (Mich. Ct. App. 1970).
· cites it 2× “MCLA § 600.4501 (Stat Ann 1962 Rev § 27A.”
Houston v. McKinlay, 143 N.W.2d 781 (Mich. Ct. App. 1966).
“” Revised judicature act, PA 1961, No 236, CLS 1961, § 600.4501 (Stat Ann 1962 Rev §27A.4501).”
Oleksy v. Sisters of Mercy, 253 N.W.2d 772 (Mich. Ct. App. 1977).
“In commentary to the statute for quo warranto, MCLA 600.4501; MSA 27A.4501, the authors stated that prior procedural law was omitted in the statute, yet the substantive coverage for such actions was retained.”
Mich. Comp. Laws § 600.4501(1): 1 case
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