§ 1532.Grounds For Action In the Nature of Quo Warranto

Chapter 29: Quo Warranto · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 1532 lists six grounds for this civil action -- usurping a public office or corporate franchise, a forfeiture-triggering act by a public officer, operating as an unincorporated corporation, corporate abuse of power, an improper claim to public or Indian lands, and any other cause the old writ once covered.

Full Text of § 1532

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Such action may be brought in the Supreme Court or in the district court, in the following cases:

1st, When any person shall usurp, intrude into, or unlawfully hold or exercise any public office, or shall claim any franchise within this state or any office in any corporation created by authority of this state;

2nd, Whenever any public officer shall have done or suffered any act which, by the provisions of law, shall work a forfeiture of his office;

3rd, When any association or number of persons shall act within this state as a corporation without being legally incorporated;

4th, When any corporation does or admits acts which amount to a surrender or a forfeiture of its rights and privileges as a corporation, or when any corporation abuses its power or intentionally exercises powers not conferred by law;

5th, Where any corporation claims, by virtue of a congressional grant, any of the public lands or Indian lands to which the Indian title or right of occupancy has been extinguished;

6th, For any other cause for which a remedy might have been heretofore obtained by writ of quo warranto, or information in the nature of quo warranto.

End

Amendment History

R.L. 1910, § 4920.

Plain-English Summary

This section defines when the civil action Section 1531 created may be brought, in either the Supreme Court or a district court. It reaches someone who usurps, intrudes into, or unlawfully holds a public office, or who claims a franchise or corporate office without authority. It reaches a public officer who has done or allowed something that forfeits the office. It reaches people acting as a corporation without being legally incorporated, and a corporation that surrenders or forfeits its rights, abuses its power, or exercises powers the law never conferred.

It also reaches a corporation improperly claiming public lands or Indian lands under a congressional grant after the Indian title or right of occupancy has been extinguished. And a catch-all sixth ground preserves any other cause for which the old writ of quo warranto, or an information in the nature of quo warranto, could once have provided a remedy.

Frequently Asked Questions

What kinds of claims can be brought as a quo warranto action in Oklahoma?

Six categories, including usurping a public office or franchise, a public officer's forfeiture of office, operating as an unincorporated corporation, a corporation's abuse or surrender of its powers, an improper claim to public or Indian lands, and any other cause the old writ once covered.

Which courts can hear this kind of action?

Either the Supreme Court or the district court.

Does this section cover corporations that exceed their legal powers?

Yes. It covers a corporation that abuses its power or intentionally exercises powers not conferred by law.

What is the "catch-all" ground in this section?

Any other cause for which a remedy might have been obtained by the historic writ of quo warranto or an information in the nature of quo warranto.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source

Also known as: grounds for quo warranto oklahomausurping public office oklahoma law12 O.S. § 1532corporate franchise forfeiture oklahoma