Ohio Revised Code Chapter 2733 - Quo Warranto

• Section 2733.01 - Proceedings Against A Person.
  A civil action in quo warranto may be brought in the name of the state: (A) Against a person who usurps, intrudes into, or...
• Section 2733.02 - Proceedings Against A Corporation.
  A civil action in quo warranto may be brought in the name of the state against a corporation: (A) When it has offended against...
• Section 2733.03 - Jurisdiction And Venue In Quo Warranto Actions.
  An action in quo warranto can be brought only in the supreme court, or in the court of appeals of the county in which...
• Section 2733.04 - Commencing Quo Warranto.
  When directed by the governor, supreme court, secretary of state, or general assembly, the attorney general, or a prosecuting attorney, shall commence an action...
• Section 2733.05 - Bringing Action.
  The attorney general or a prosecuting attorney may bring an action in quo warranto upon his own relation, or, on leave of the court,...
• Section 2733.06 - Usurpation Of Office.
  A person claiming to be entitled to a public office unlawfully held and exercised by another may bring an action therefor by himself or...
• Section 2733.07 - Prosecution In Absence Of Prosecuting Attorney.
  When the office of prosecuting attorney is vacant, or the prosecuting attorney is absent, interested in the action in quo warranto, or disabled, the...
• Section 2733.08 - Petition Against Person For Usurpation Of Office.
  When an action in quo warranto is brought against a person for usurping an office, the petition shall set forth the name of the...
• Section 2733.09 - Leave To File Petition - Notice.
  Upon application for leave to file a petition in an action in quo warranto, the court or judge may direct notice thereof to be...
• Section 2733.10 - Issue Of Summons And Service.
  When the petition in an action in quo warranto is filed without leave and notice, a summons shall issue, and be served as in...
• Section 2733.11 - Service By Publication.
  When a summons in an action in quo warranto is returned not served because the defendant, or its officers or office, cannot be found...
• Section 2733.12 - Pleadings After Petition.
  The defendant in an action in quo warranto may demur or file an answer, which may contain as many several defenses as he has,...
• Section 2733.13 - Court May Extend Time For Pleading.
  In an action in quo warranto an order may be made by the court, or by a judge thereof, extending the time within which...
• Section 2733.14 - Judgment When Office, Franchise, Or Privilege Is Usurped.
  When a defendant in an action in quo warranto is found guilty of usurping, intruding into, or unlawfully holding or exercising an office, franchise,...
• Section 2733.15 - Judgment When Director Of A Corporation Is Illegally Elected.
  When an action in quo warranto is against a director of a corporation, and the court finds that, at his election, illegal votes were...
• Section 2733.16 - New Election.
  In a case under section 2733.15 of the Revised Code the court may order a new election to be held at a time and...
• Section 2733.17 - Rights Of Person Adjudged Entitled To An Office.
  If judgment in an action in quo warranto is rendered in favor of the person averred to be entitled to an office, after taking...
• Section 2733.18 - Action For Damages.
  Within one year after the date of a judgment mentioned in section 2733.17 of the Revised Code, the person in whose favor the judgment...
• Section 2733.19 - Enforcement Of Judgment.
  No defendant mentioned in section 2733.17 of the Revised Code shall refuse or neglect to deliver over any book or paper pursuant to a...
• Section 2733.20 - Judgment When Corporation Has Forfeited Its Rights.
  When, in an action in quo warranto, it is found and adjudged that, by an act done or omitted, a corporation has surrendered or...
• Section 2733.21 - Dissolution Of Corporation - Appointment Of Trustees By Court.
  The court rendering a judgment dissolving a corporation as provided in section 2733.20 of the Revised Code shall appoint a trustee or trustees, not...
• Section 2733.22 - Remanding To Court Of Common Pleas.
  Upon the appointment and qualification of trustees under section 2733.21 of the Revised Code, the supreme court, or the court of appeals in which...
• Section 2733.23 - Order Of Court.
  Any party to a quo warranto proceeding against a corporation, including trustees appointed as provided in section 2733.21 of the Revised Code, may appeal...
• Section 2733.24 - Duties Of Trustees As To Notice Of Court Order.
  Upon the appointment and qualification of trustees under section 2733.21 of the Revised Code, they shall forthwith give notice of the order dissolving the...
• Section 2733.25 - Rejected Claims.
  If, in the judgment of the trustees appointed as provided in section 2733.21 of the Revised Code, any claims filed with them as provided...
• Section 2733.26 - Powers Of Trustees.
  The trustees appointed as provided in section 2733.21 of the Revised Code are subject to the orders of the court appointing them or of...
• Section 2733.27 - Demands By Trustees.
  Trustees, upon their appointment and qualification as provided in section 2733.21 of the Revised Code, shall forthwith demand all money, property, books, deeds, notes,...
• Section 2733.28 - Report To Court.
  The trustees shall, as soon as possible after their appointment under section 2733.21 of the Revised Code, prepare and report to the court a...
• Section 2733.29 - Prohibition Against Refusing To Deliver Property Of Corporation To Trustees.
  No officer of a corporation shall refuse or neglect to deliver over money, or other things, pursuant to a demand made by the trustees...
• Section 2733.30 - Costs.
  If, in an action in quo warranto, judgment is rendered against a corporation, or against a person claiming to be a corporation, the court...
• Section 2733.31 - Order To Deliver Property Enforced.
  In an action in quo warranto, when judgment is rendered against the defendant, the court may make an order directing him forthwith to deliver...
• Section 2733.32 - Injunction In Certain Cases.
  A stockholder, or stockholders, owning not less than one fourth of the capital stock of a banking association actually paid in, or entitled to...
• Section 2733.33 - Court May Require Bank Directors To Give Security.
  Upon satisfactory proof that the directors of a banking association mentioned in section 2733.32 of the Revised Code have violated or are about to...
• Section 2733.34 - Enjoining Directors From Borrowing Or Issuing Money.
  On petition, the court or judge may enjoin the directors of a banking association mentioned in section 2733.32 of the Revised Code from borrowing...
• Section 2733.35 - Limitations.
  Actions in quo warranto against a corporation for forfeiture of its charter shall be commenced within five years after the act complained of was...
• Section 2733.36 - Action For Damages Against Officers Of Ousted Corporations.
  When, in an action in quo warranto, judgment of forfeiture and ouster is rendered against a corporation because of misconduct of the officers or...
• Section 2733.37 - Remedies Cumulative.
  Sections 2733.01 to 2733.39, inclusive, of the Revised Code do not restrain a court from enforcing the performance of trusts for charitable purposes, at...
• Section 2733.38 - Disposition Of Fines.
  Fines collected under section 2733.99 of the Revised Code shall be paid into the treasury of the proper county for the use of the...
• Section 2733.39 - Actions To Have Precedence.
  Actions in quo warranto have precedence over other civil business. If the matter is of public concern, on motion of the attorney general or...
• Section 2733.99 - Penalty.
  (A) Whoever violates section 2733.19 or 2733.29 of the Revised Code shall be fined not more than ten thousand dollars and imprisoned in the...

Last modified: October 10, 2016