Miss. Code Ann. » Miss. Code Ann. / Title 11 / Chapter 39
Mississippi Code

Miss. Code Ann. § 11-39-1 (2026)

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The remedy by information in the nature of a quo warranto shall lie, in the name of the state, against any person or corporation offending in the following cases, viz.:

First. - Whenever any person unlawfully holds or exercises the functions of any public office, civil or military, or franchise, or any office in any corporation, city, town, or village, and to try the right to any such office.

Second. - Whenever any public officer has done or suffered to be done, or has omitted to do any act, the doing or omission of which works a forfeiture of office.

Third. - Whenever any two or more persons shall act as a corporation, or assume so to do without being legally incorporated.

Fourth. - Whenever any corporation shall be guilty of a misuser or abuse of its powers, or ceases to discharge the duty for which it was created.

Fifth. - Whenever any corporation willfully exercises powers not conferred by law.

Sixth. - Whenever any corporation fails to exercise powers conferred by law and essential to its corporate existence, or implied in its duty to the public.

Seventh. - Whenever any corporation shall be guilty of doing or neglecting to do any act the doing or neglecting of which is made by law a cause of forfeiture of franchise.

Eighth. - Whenever any corporation shall willfully and persistently violate the law made for regulating such corporations, or the criminal law; but acts done in good faith before adjudication of the constitutionality of a doubtful statute shall not be cause of forfeiture.

Ninth. - Whenever it is sought to have the right of any corporation, not created by the laws of this state, to do business in this state forfeited because of its persistent refusal to comply with the laws thereof.

Tenth. - Whenever any nonresident alien or corporation shall acquire or hold lands contrary to law.

Codes, 1857, ch. 35, art. 12; 1871, § 1490; 1880, §§ 2585, 2586, 2587; 1892, § 3520; 1906, § 4017; Hemingway's 1917, § 3012; 1930, § 3053; 1942, § 1120.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1987–2021 · leading case: State Ex Rel. Holmes v. Griffin, 667 So. 2d 1319 (Miss. 1995).
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State Ex Rel. Holmes v. Griffin, 667 So. 2d 1319 (Miss. 1995). · cites it 3× “Said action was originally filed pursuant to Miss. Code Ann. § 11-39-1 et seq. naming the people of the state of Mississippi as the plaintiffs on relation of Holmes in his capacity as a private person and registered voter residing in Greenville, Washington County with Ceola…”
Dye v. State Ex Rel. Hale, 507 So. 2d 332 (Miss. 1987). “" The quo warranto writ under Miss. Code Ann. § 11-39-1 , et seq., being a form of action, was thus interred effective January 1, 1982.”
Moore v. Sanders, 558 So. 2d 1383 (Miss. 1990). “[4] The pertinent portions of Miss. Code Ann. §§ 11-39-1 and 11-39-3 read: § 11-39-1.”
Barlow v. Weathersby, 597 So. 2d 1288 (Miss. 1992). · cites it 3× “Barlow brought an original action in the nature of quo warranto which he had every right to bring in the circuit court under Miss. Code Ann. §§ 11-39-1 , 11-39-5 (1972), as supplanted by our rules of civil procedure.”
McLaughlin v. City of Canton, Miss., 947 F. Supp. 954 (S.D. Miss. 1995). “First, the plaintiff asserts that the municipal defendants violated the plaintiffs rights by removing plaintiffs name from the ballot, while failing to accord him a quo warranto proceeding under Miss.Code Ann. § 11-39-1. Quo warranto is a common law writ designed to test whether…”
Richard Todd Andreacchio & Stacy Rae Andreacchio v. Kassie Ann Coleman (Miss. 2021). “The Court interprets the reference “as otherwise provided by law” to refer to the action of Quo Warranto, Miss. Code Ann.§ 11-39-1, et seq, which is the common law and statutory procedure for challenging right or title to public office.”
Givens v. Delta Elec. Power Ass'n, 699 F. Supp. 91 (N.D. Miss. 1988). “; (6) the Thirteenth Amendment to the United States Constitution; (7) the Fourteenth Amendment to the United States Constitution; (8) the Fifteenth Amendment to the United States Constitution; (9) Miss.Code Ann. § 11-39-1, et seq.; (10) Miss.”
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