Quo Warranto.

Ala. Code tit. 6, ch. 6, art. 13

in effect

Ala. Code § 6-6-590 Right of Action and Venue - Vacating Charter or Annulling Existence of Corporation.

6-6-590. Right of Action and Venue - Vacating Charter or Annulling Existence of Corporation. (a) An action may be commenced under this article, in the name of the state, against the offending corporation, on the information of any person for the purpose of vacating the charter or annulling the existence of any corporation, other than municipal, whenever such corporation: (1) Offends against any of the acts creating, altering, or renewing such corporation; (2) Violates the provisions of any law, by which such corporation forfeits its charter, by abuse of its powers; (3) Has forfeited its privileges or franchises by failure to exercise its powers; (4) Has done or omitted any act which amounts to a surrender of its corporate rights, privileges, and franchises; or (5) Exercises a franchise or privilege not conferred on it by law. (b) The judge of the circuit court, whenever he believes that any of the acts or omissions specified in subsection (a) of this section can be proved and it is necessary for the public good, must direct the district attorney to commence an action, or an action may be commenced without the direction of the judge on the information of any person giving security for the costs of the action, to be approved by the clerk of the court in which the action is commenced. (c) Actions under this section must be commenced in the circuit court of the county in which the corporation has its principal office or, if it has no principal office, of any county in which it does business; or if it has no principal office and is doing no business in the state, such action may be commenced in any county. (Code 1852, §§2651-2653; Code 1867, §§3079-3081; Code 1876, §§3419-3421; Code 1886, §§3167-3169; Code 1896, §§3417-3419; Code 1907, §§5450-5452; Code 1923, §§9929-9931; Code 1940, T. 7, §§1133-1135.)

Ala. Code § 6-6-591 Right of Action and Venue - Usurpation, Etc., of Office or Franchise, Etc.

6-6-591. Right of Action and Venue - Usurpation, Etc., of Office or Franchise, Etc. (a) An action may be commenced in the name of the state against the party offending in the following cases: (1) When any person usurps, intrudes into or unlawfully holds or exercises any public office, civil or military, any franchise, any profession requiring a license, certificate, or other legal authorization within this state or any office in a corporation created by the authority of this state; (2) When any public officer, civil or military, has done or suffered any act by which, under the law, he forfeits his office; or (3) When any association, or number of persons, acts within this state as a corporation without being duly incorporated. (b) The judge of the circuit court may direct the action to be commenced when he believes that any of the acts specified in subsection (a) of this section can be proved and it is necessary for the public good, or it may be commenced without the direction of such judge on the information of any person giving security for the costs of the action, to be approved by the clerk of the court in which the action is brought. (c) An action under this section must be commenced in the circuit court of the county in which the acts are done or suffered or, if to try the right to a corporate office, in the circuit court of the county in which the corporation has its principal office or, if it has no principal office, in any county in which it does business. (Code 1852, §§2654-2656; Code 1867, §§3082-3084; Code 1876, §§3422-3424; Code 1886, §§3170, 3171; Code 1896, §§3420-3422; Code 1907, §§5453-5455; Code 1923, §§9932-9934; Code 1940, T. 7, §§1136-1138.)

Ala. Code § 6-6-592 Complaint to Be Clear and Concise.

6-6-592. Complaint to Be Clear and Concise. The complaint in an action under this article must concisely and clearly set forth the act or omission complained of. (Code 1852, §2660; Code 1867, §3088; Code 1876, §3428; Code 1886, §3174; Code 1896, §3428; Code 1907, §5461; Code 1923, §9940; Code 1940, T. 7, §1144.)

Ala. Code § 6-6-593 Court Always Open; Return of Summons; Setting of Case for Trial; Trial by Court or Jury.

6-6-593. Court Always Open; Return of Summons; Setting of Case for Trial; Trial by Court or Jury. (a) The court is at all times open for the trial of a case or the granting of orders therein. The summons shall be returnable 10 days from the date of issuance, and if five days’ service is not had before such return day, the summons is returnable to the first day after the expiration of five days after such service. If such return day shall be a day of any regular or special session of the court, the case stands for trial on the next day after the return day, unless good cause shall be shown for further delay; but if such return day does not fall within a regular or special session, the judge must fix a day for the hearing, of which the clerk must notify the parties or their attorneys; and on such day the case may be tried or, for good cause shown or by consent of parties and the approval of the court, may be continued to another day. (b) The case specified in this section must be tried by the court without a jury unless a jury is demanded in writing either by the informant at the time of filing the information or by the defendant at the time of filing the answer, but by the consent of both parties a trial by jury may be had where previously waived or may be waived where previously demanded by either party. If need be, the court or judge may order the sheriff to summon the requisite number of persons to serve as jurors. (Code 1896, §§3424, 3425; Code 1907, §§5457, 5458; Code 1923, §§9936, 9937; Code 1940, T. 7, §§1140, 1141.)

Ala. Code § 6-6-594 Joinder - Alleged Corporation as Party Defendant.

6-6-594. Joinder - Alleged Corporation as Party Defendant. When the action is against persons acting as a corporation without being duly incorporated, the alleged corporation may be joined as a party defendant, and such joinder does not admit its corporate existence or otherwise prejudice the case of the plaintiff. A judgment and execution may go against it by its alleged corporate name, as in other cases. (Code 1896, §3423; Code 1907, §5456; Code 1923, §9935; Code 1940, T. 7, §1139.)

Ala. Code § 6-6-595 Joinder - Informant.

6-6-595. Joinder - Informant. Whenever an action is commenced under the provisions of this article on the information of any person, his name must be joined as plaintiff with the state. (Code 1852, §2657; Code 1867, §3085; Code 1876, §3425; Code 1886, §3172; Code 1896, §3426; Code 1907, §5459; Code 1923, §9938; Code 1940, T. 7, §1142.)

Ala. Code § 6-6-596 Effect of Informant’s Death.

6-6-596. Effect of Informant’s Death. On the death of the informant pending the action, it may be continued in the name of the surviving informant or of any person who, on application, having first given security for the costs, is substituted in his place; but, on the death of all the informants, if no person is substituted in their place, the action shall be dismissed. (Code 1852, §§2658, 2659; Code 1867, §§3086, 3087; Code 1876, §§3426, 3427; Code 1886, §3173; Code 1896, §3427; Code 1907, §5460; Code 1923, §9939; Code 1940, T. 7, §1143.)

Ala. Code § 6-6-597 Addition of Person Rightly Entitled to Office; Entry of Judgment on Such Right; Delivery of Books, Papers, and Property.

6-6-597. Addition of Person Rightly Entitled to Office; Entry of Judgment on Such Right; Delivery of Books, Papers, and Property. (a) When the action is commenced against a person for usurping an office, the name of the person rightly entitled to the office, with a statement of his right thereto, may be added, and, when added, judgment may be entered upon the right of the defendant and also upon the right of the party so alleged to be entitled or only upon the right of the defendant, as justice may require. (b) If judgment is entered upon the right of the person so alleged to be entitled and the same is in favor of such person, he is entitled, after taking the oath of office and executing such official bond as may be required, to take upon himself the execution of the office, and it is his duty, immediately thereafter, to demand of the defendant all the books, papers, and property in his custody, or within his power, belonging to the office. On refusal or neglect to deliver over the same, he may be proceeded against as is prescribed by the provisions of this Code to compel the delivery of books, papers, property, and money by public officers to successors. (Code 1852, §§2661-2663; Code 1867, §§3089-3091; Code 1876, §§3429-3431; Code 1886, §§3175, 3176; Code 1896, §§3429, 3430; Code 1907, §§5462, 5463; Code 1923, §§9941, 9942; Code 1940, T. 7, §§1145, 1146.)

Ala. Code § 6-6-598 Validity of Election Not Triable.

6-6-598. Validity of Election Not Triable. The validity of an election which may be contested under this Code cannot be tried under the provisions of this article. (Code 1852, §2664; Code 1867, §3092; Code 1876, §3432; Code 1886, §3177; Code 1896, §3431; Code 1907, §5464; Code 1923, §9943; Code 1940, T. 7, §1147.)

Ala. Code § 6-6-599 Judgment - Dissolving Corporation and Excluding Same from Corporate Rights, Etc.

6-6-599. Judgment - Dissolving Corporation and Excluding Same from Corporate Rights, Etc. If it is adjudged that a corporation against which an action has been commenced under this article has, by neglect, abuse or surrender, forfeited its corporate rights, privileges, and franchises, judgment must be entered that the corporation be excluded from such corporate rights, privileges, and franchises and be dissolved, and judgment for costs must be entered against the persons claiming to be such corporation and the directors or managers thereof, as established by the evidence. Execution shall be issued on such judgment at the expiration of five days from the date thereof, unless the defendant or the persons claiming to be such corporation shall, within such time, take an appeal to the supreme court. (Code 1852, §2666; Code 1867, §3094; Code 1876, §3434; Code 1886, §3179; Code 1896, §3433; Code 1907, §5466; Code 1923, §9945; Code 1940, T. 7, §1149.)

Ala. Code § 6-6-600 Judgment - Excluding Defendant from Office or Franchise or Prohibiting Practice of Profession.

6-6-600. Judgment - Excluding Defendant from Office or Franchise or Prohibiting Practice of Profession. When a defendant, whether a natural person or a corporation, against whom such action has been commenced, is adjudged guilty of usurping or intruding into, or unlawfully holding or exercising, any office or franchise or unlawfully practicing any profession, judgment must be entered that such defendant be excluded from the office or franchise or be prohibited from practicing such profession and that the plaintiff recover costs against such defendant. Execution shall be issued on such judgment at the expiration of five days from the date thereof, unless the defendant shall, within such time, take an appeal to the supreme court. Any violation of any such order shall be a contempt of court. (Code 1852, §2665; Code 1867, §3093; Code 1876, §3433; Code 1886, §3178; Code 1896, §3432; Code 1907, §5465; Code 1923, §9944; Code 1940, T. 7, §1148.)

Ala. Code § 6-6-601 Costs - Assessment.

6-6-601. Costs - Assessment. If an action under this article is maintained by the state alone and judgment is for the defendant or the defendant is insolvent, the witnesses are paid as in other state cases, but if any person is joined with the state as informant, judgment must be entered against him for the costs if entered for the defendant. (Code 1852, §2667; Code 1867, §3095; Code 1876, §3435; Code 1886, §3180; Code 1896, §3434; Code 1907, §5467; Code 1923, §9946; Code 1940, T. 7, §1150.)

Ala. Code § 6-6-602 Costs - Liability of Informant’s Sureties.

6-6-602. Costs - Liability of Informant’s Sureties. (a) On the dismissal of the action, judgment must be entered against the sureties of the informant for the costs. (b) In all cases under this article, in which judgment is entered against the informant for costs, execution may issue therefor against his sureties. (Code 1852, §§2668, 2669; Code 1867, §§3096, 3097; Code 1876, §§3436, 3437; Code 1886, §§3181, 3182; Code 1896, §§3435, 3436; Code 1907, §§5468, 5469; Code 1923, §§9947, 9948; Code 1940, T. 7, §§1151, 1152.)

Ala. Code § 6-6-603 Appeals - Generally.

6-6-603. Appeals - Generally. The state, informant, or defendant may appeal to the Supreme Court in accordance with the Alabama Rules of Appellate Procedure. (Code 1852, §2670; Code 1867, §3098; Code 1876, §3438; Code 1886, §3183; Code 1896, §3437; Code 1907, §5470; Code 1923, §9949; Code 1940, T. 7, §1153.)

Ala. Code § 6-6-604 Appeals - Stay of Execution on Judgment.

6-6-604. Appeals - Stay of Execution on Judgment. If the defendant is adjudged guilty of usurping or intruding into, or unlawfully holding or exercising, any public office, civil or military, or any office in a corporation created by the authority of this state or unlawfully practicing any profession requiring a license, the appeal does not stay the execution of the judgment unless the party appealing shall execute bond, as prescribed in Rule 8 of the Alabama Rules of Appellate Procedure, payable to the State of Alabama. (Code 1896, §3438; Code 1907, §5471; Code 1923, §9950; Code 1940, T. 7, §1154.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026